Motion to Compel Discovery
Force the opposing party to respond to discovery requests — interrogatories, document requests, or admissions — when they fail to respond or provide evasive answers.
Overview
A Motion to Compel Discovery asks the court to order the opposing party to respond to discovery requests (interrogatories, requests for production, requests for admissions) that they have failed to answer, or to provide complete answers where their responses were evasive, incomplete, or improperly objected to. In foreclosure cases, lenders and servicers frequently delay, object broadly, or produce incomplete discovery. A Motion to Compel is the mechanism to force compliance. Key grounds: the opposing party failed to respond within the time allowed, asserted improper objections (overly broad, not reasonably calculated to lead to admissible evidence), or provided non-responsive or evasive answers.
Purpose
- •Force the lender to respond to interrogatories, document requests, or admission requests
- •Challenge improper objections that are used to withhold discoverable information
- •Compel complete, non-evasive answers to discovery requests
- •Obtain sanctions for discovery abuse (attorney's fees, evidence preclusion)
- •Build the evidentiary record by obtaining documents the lender is withholding
When to File
File after: (1) the response deadline has passed without response, OR (2) the opposing party has served responses that are evasive, incomplete, or improperly objected. Most courts require you to 'meet and confer' (conference of counsel) before filing — you must attempt to resolve the dispute informally. File the motion only after the meet-and-confer fails to resolve the issue.
Timeline
Meet and confer: Make a genuine effort before filing. Motion filing: After meet-and-confer fails. Opposition: typically 14-21 days. Hearing: 30-60 days from filing. Ruling: typically within 30 days of hearing. If granted, the party must comply within the time set by the court (typically 14-30 days).
Key Elements & Requirements
Certification of meet and confer: Detailed description of your good faith efforts to resolve the dispute
The specific discovery requests at issue: Quote the exact interrogatory or request and the response given
Argument why the responses are deficient: Late, incomplete, evasive, improperly objected
Legal authority: Cite the applicable discovery rules (FRCP 37 or state equivalent)
Specific relief sought: Order compelling response within X days, sanction of attorney's fees, etc.
Separate statement (if required): Many courts require a chart showing each request, the response, and why it's deficient
Legal Standard
Under FRCP 37(a), a party may move to compel discovery when the opposing party fails to respond to interrogatories (FRCP 33), requests for production (FRCP 34), or requests for admissions (FRCP 36). The moving party must certify that they have in good faith conferred or attempted to confer. If the motion is granted (or the discovery is provided after the motion is filed), the court must award reasonable expenses including attorney's fees unless the non-disclosure was 'substantially justified' or other circumstances make an award unjust.
Strategy & Tips
Document every meet-and-confer effort — send emails, make phone calls, write letters. Courts want to see genuine attempts to resolve disputes without court intervention. If you calendar a 2-week notice period for responses before filing, you demonstrate patience. The threat of a Motion to Compel (and the mandatory attorney's fee award for granted motions) often motivates compliance without actual court involvement.
Court Filing Information
Where to File
The court where the foreclosure case is pending.
Fees
Typically no separate motion filing fee.
Format
Standard motion format with meet-and-confer certification and separate statement (if required).
Copies Required
Original to court + copy to opposing counsel + your copy.
Frequently Asked Questions
What if the lender ignores the court order compelling discovery?+
If the lender fails to comply with an order compelling discovery, you can file a Motion for Sanctions under FRCP 37(b). Possible sanctions include: facts deemed established (as in admissions), evidence preclusion (the lender cannot introduce evidence on the topic), striking pleadings, dismissal, or default judgment. Contempt of court is also possible. Courts treat violation of a discovery order seriously.
Do I really need to meet and confer before filing?+
YES — this is not optional. FRCP 37(a)(1) requires certification of a good faith effort to resolve the dispute. Filing without a meet-and-confer will likely result in denial of the motion, even if your discovery requests were proper. Send a detailed letter or email explaining what you requested, what you received, and what you need. Give a specific deadline for compliance. If they refuse or ignore you, document it and attach to your motion.
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