Discovery and evidence

Motion to Compel

A motion to compel asks the judge to order another party to answer discovery or produce documents it has withheld.

It is a last step, not a first one. The rules require the moving party to confer in good faith first and to certify that they did, and many judges require a letter or a phone conference before any motion is filed.

The loser often pays. If the motion is granted, the court must generally order the party whose conduct necessitated it to pay the reasonable expenses of bringing it, unless the position was substantially justified.

Discovery motions are usually decided by a magistrate judge. That referral is why a docket can show two judges ruling in parallel, with the district judge handling dispositive motions and the magistrate judge handling everything about documents and depositions.