Sample Motion to Compel Discovery 2026

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  1. Click ‘Get Form’ to open the Sample Motion to Compel Discovery in our editor.
  2. Begin by filling in the case details at the top of the form, including the names of the Plaintiff and Defendant, as well as the case number.
  3. In the body of the motion, specify your role (Plaintiff or Defendant) and provide your attorney's name and firm. This establishes representation.
  4. Detail the timeline of events by entering relevant dates and descriptions for each step, such as when the complaint was filed and what type of discovery was served.
  5. Clearly state any objections raised by the opposing party regarding discovery requests. This section is crucial for justifying your motion.
  6. Conclude with your requests to the court, specifying what you want from the opposing party, including deadlines for compliance.
  7. Finally, complete the certification of counsel and certificate of service sections to ensure proper legal protocol is followed before submission.

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Motions to compel are often necessary to set the tone in your case and acquire the documents and information you need to win your case. Grounds: When a party who has propounded discovery believes the responses are inadequate, the propounding party may move for a motion to compel a further response.
What Happens if the Motion is Denied? If the court denies your motion to compel discovery, the opposing party is not obligated to provide the requested materials. Your attorney must either accept this decision or appeal it and continue pursuing the material through other legal channels.
If a motion to compel discovery is granted, the prosecution is legally obligated to provide the requested evidence. Failure to comply can lead to various consequences, including sanctions, case dismissal, or a reversal of a conviction on appeal due to the violation of discovery rights.
[CCP 2031.320(a); CRC 3.1345(b)]. Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
Elements to keep in mind while filing the Motion to Compel is to mention the nature of the case, identify the question that needs to be answered or the object or document that is needed and explain how it relates to the case, attach the other partys written refusal to make available the information or object, make it
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You would typically either file a motion for reconsideration or appeal it to the higher court. If you have the order from the court denying it, the time limit for the appeal is normally 30 days.
A judge might deny a motion to compel for several reasons, including: The requested information was not essential to the case. The opposing party already produced the requested material. The motion did not specifically name what materials were being sought.

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