Also known as: motions to compel discovery · motion to compel · motions to compel · compel discovery · discovery motion to compel
Written by attorneys · grounded in primary & secondary sources — see below
A request by a party that a court order its opponent to answer discovery requests such as interrogatories or document production. The device places the dispute before the court for resolution when a responding party withholds information or objects to the requests.
Megan Moore served requests for production on Matrix Technologies seeking archived email logs from an offsite server. Matrix responded that the logs were not reasonably accessible because of undue burden and cost. Megan filed a motion to compel discovery. The court required Matrix to demonstrate inaccessibility and then considered whether good cause justified production under proportionality limits.
Marcus Mitchell sued his former employer after termination and refused to arbitrate. The employer moved to compel arbitration under the signed agreement. Marcus opposed the motion and filed a motion to compel discovery into the circumstances of contract formation. The court addressed whether limited discovery was needed before ruling on arbitrability.
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Monica Morgan sought production of internal reports in a whistleblower suit. The defendant withheld them on privilege grounds. Monica filed a motion to compel discovery. After denial she sought immediate appeal. The court examined whether the discovery order satisfied the collateral order doctrine for appellate jurisdiction.
Meridian Motors resisted broad document requests in a commercial dispute. The plaintiff moved to compel discovery. Meridian cross-moved for a protective order restricting dissemination of sensitive commercial information. The court balanced the need for relevant evidence against the risk of competitive harm in setting production conditions.
Melissa Mills sought counseling notes from a licensed social worker in a premises liability action. The defendant moved to quash the subpoena. Melissa filed a motion to compel discovery arguing the notes contained unprivileged facts. The court evaluated whether the psychotherapist privilege protected the communications.
Marco Marquez brought wage claims against his employer. The employer moved to compel arbitration under an employment agreement. Marquez responded with a motion to compel discovery into the agreement's formation and scope. The court considered whether discovery was appropriate before deciding enforceability.
A responding party must make that showing on a motion to compel discovery or for a protective order. The court may still order production if the requesting party demonstrates good cause after considering proportionality factors.
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The moving party must first attempt to resolve the dispute informally. Certification of a good-faith effort to confer is required under the rules before the court will entertain the motion.
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Yes. A silent or boilerplate objection does not suffice. The objecting party must expressly describe the withheld material so the opponent can decide whether to file a motion to compel and place the issue before the court.
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No. Most discovery orders are not final judgments. Immediate appeal is available only in the rare case that satisfies the collateral order doctrine.
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…e. g., Georgine v. Amchem Prods., Inc. , No. 93 0215, 1994 WL 502475 (ED Pa., Sept. 2, 1994) (denying motion of insurers to compel discovery). [^maj-5]: The complaint defines the class as follows: "(a) All persons (or their legal representatives) who have been exposed in the United States or its territories (or while working…