[COURT NAME]
[DIVISION] DIVISION

[PLAINTIFF NAME(S)], §
§
Plaintiff[s], §
§ CIVIL ACTION NO. [CASE NO.]
v. §
§
[DEFENDANT NAME(S)], §
§
Defendant[s]. §
________________________________________________§______________________________________________

[MOVING PARTY] MOTION TO COMPEL DISCOVERY RESPONSES
AND REQUEST FOR EXPENSES UNDER RULE 37
________________________________________________________________________________________________

[// GUIDANCE: Insert any required local-rule header language (e.g., hearing request or certificate).]

NOTICE OF MOTION AND MOTION

PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, [MOVING PARTY] will and hereby does move the Court for an order compelling [OPPOSING PARTY] to provide complete responses and production to [INTERROGATORIES/REQUESTS FOR PRODUCTION/REQUESTS FOR ADMISSION] served on [DATE], pursuant to Fed. R. Civ. P. 26, 33, 34, and 37.

[MOVING PARTY] also seeks reasonable expenses, including attorney fees, pursuant to Rule 37(a)(5), and such other relief as the Court deems just.

MEMORANDUM OF POINTS AND AUTHORITIES

I. Introduction

This motion is necessary because [OPPOSING PARTY] has failed to provide complete and substantive discovery responses, despite multiple good-faith efforts to resolve these issues without court intervention.

II. Discovery at Issue and Deficiencies

• Discovery served: [DATE]; responses due: [DATE].
• Deficient responses to [RFP Nos. __], [Interrogatory Nos. __], [RFA Nos. __].
• Summary of deficiencies: [evasive answers, improper objections, incomplete production, missing verification].

[// GUIDANCE: Attach the disputed requests and responses as exhibits or provide a separate statement if required.]

III. Meet-and-Confer Efforts

• Meet-and-confer letter sent: [DATE].
• Conference(s) held: [DATE/TIME], by [phone/video/in person].
• Issues narrowed to: [LIST].

[// GUIDANCE: Include any required certification per local rule.]

IV. Legal Standard

Under Rule 26(b)(1), parties may obtain discovery regarding any nonprivileged matter that is relevant and proportional to the needs of the case. Rules 33 and 34 require complete, non-evasive answers and production. Rule 37(a) authorizes a motion to compel and permits an award of reasonable expenses if the motion is granted or if the disclosure or discovery is provided after the motion is filed.

V. Argument

A. The requested discovery is relevant and proportional.
The requests seek information central to [CLAIMS/DEFENSES], and the burden is reasonable given [AMOUNT IN CONTROVERSY, PARTIES' RESOURCES, IMPORTANCE OF ISSUES].

B. The responses are evasive or incomplete.
[OPPOSING PARTY] provided [general objections/boilerplate objections/partial answers] that fail to comply with Rules 33 and 34.

C. Objections are waived or unsupported.
Untimely or boilerplate objections are waived, and any remaining objections lack specificity or factual support.

D. Privilege and confidentiality issues can be addressed by log or protective order.
To the extent any privilege is claimed, [OPPOSING PARTY] must provide a proper privilege log. Confidential information can be protected by a stipulated protective order.

VI. Requested Relief

[MOVING PARTY] respectfully requests that the Court:
1. Compel complete written responses to [LIST REQUESTS] by [DATE].
2. Compel production of documents responsive to [LIST REQUESTS] by [DATE].
3. Deem objections waived except as expressly sustained by the Court.
4. Require a verified response and privilege log, if applicable.
5. Award reasonable expenses, including attorney fees, under Rule 37(a)(5).
6. Grant such other relief as the Court deems just.

CONCLUSION

For the foregoing reasons, the Court should grant the motion to compel and award appropriate relief.

Respectfully submitted,

text
Dated: [DATE]

______________________________
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for [MOVING PARTY]

CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing Motion to Compel Discovery on all counsel of record via [METHOD OF SERVICE] in compliance with Fed. R. Civ. P. 5.

text
______________________________
[ATTORNEY NAME]

[PROPOSED] ORDER

The Court, having considered [MOVING PARTY]'s Motion to Compel Discovery and any opposition, ORDERS as follows:
1. [OPPOSING PARTY] shall serve complete written responses to [LIST REQUESTS] by [DATE].
2. [OPPOSING PARTY] shall produce all non-privileged responsive documents by [DATE].
3. [OPPOSING PARTY] shall provide a privilege log by [DATE], if applicable.
4. [MOVING PARTY]'s request for expenses under Rule 37(a)(5) is [GRANTED/DENIED].

IT IS SO ORDERED.

Dated: [DATE]

______________________________________
[JUDGE NAME]
United States District Judge