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:

    [M]y conception of liberty does not permit an individual citizen or a group of citizens to commit acts of depredation against nature in such a way as to harm their neighbors and especially to harm the future generations of Americans. If many years ago we had had the necessary knowledge, and especially the necessary willingness on the part of the Federal Government, we would have saved a sum, a sum of money which has cost the taxpayers of America two billion dollars.
    Franklin D. Roosevelt (1882–1945)

    Charity is a cop-out so traditionally female in its apparent self-effacement that there seems resonant comfort in it. We’re no longer supposed to serve the imaginations of men who have dominated us. We are to give up ourselves instead to those whose suffering is greater than our own. Looking down is just as distorting as looking up and as dangerous in perpetuating hierarchies.
    —Jane Rule (b. 1931)

    Physical force has no value, where there is nothing else. Snow in snow-banks, fire in volcanoes and solfataras is cheap. The luxury of ice is in tropical countries, and midsummer days. The luxury of fire is, to have a little on our hearth; and of electricity, not the volleys of the charged cloud, but the manageable stream on the battery-wires. So of spirit, or energy; the rests or remains of it in the civil and moral man, are worth all the cannibals in the Pacific.
    Ralph Waldo Emerson (1803–1882)