Motion To Compel - Federal Rule of Civil Procedure 37

Federal Rule of Civil Procedure 37

Pursuant to FRCP 37, "On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action."

According to rule 37, the moving party must give the appropriate notice to the responding party. This allows the other party the opportunity to answer the alleged inadequate responses. Thereafter, if the questions have not been adequately responded to, then the moving party may ask the court for a motion to compel.

California requires that the moving party provides a statement in support of the motion to compel. This is known as a 3-1020 document which includes the question asked, the answer given, and a reason as to why the answer should be compelled.

Read more about this topic:  Motion To Compel

Famous quotes containing the words federal, rule and/or civil:

    Prestige is the shadow of money and power. Where these are, there it is. Like the national market for soap or automobiles and the enlarged arena of federal power, the national cash-in area for prestige has grown, slowly being consolidated into a truly national system.
    C. Wright Mills (1916–1962)

    When they are preparing for war, those who rule by force speak most copiously about peace until they have completed the mobilization process.
    Stefan Zweig (18811942)

    One of the greatest difficulties in civil war is, that more art is required to know what should be concealed from our friends, than what ought to be done against our enemies.
    Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)