Motion to Compel Discovery

MOTION TO COMPEL DISCOVERY AND REQUEST FOR EXPENSES

TEMPLATE INSTRUCTIONS

☐ Replace all bracketed placeholders with case-specific information
☐ Verify the applicable rule in your jurisdiction (FRCP 37(a), state equivalent, or local rule)
☐ Complete the meet-and-confer certification before filing
☐ Prepare a chart or separate statement identifying each disputed discovery request, the response, and the deficiency
☐ Attach copies of the discovery requests and responses at issue
☐ Attach the meet-and-confer correspondence
☐ Confirm local rule requirements for page limits, formatting, separate statements, and filing
☐ Review state-specific notes at the end of this template
☐ Remove all template instructions before filing

CAPTION

IN THE [________________________________] COURT

[____] JUDICIAL DISTRICT / COUNTY OF [________________________________]

STATE OF [________________________________]

NOTICE OF MOTION

TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on [__/__/____], at [____] a.m./p.m., or as soon thereafter as the matter may be heard, in Courtroom [____] of the above-entitled Court, located at [________________________________], [________________________________] ("Moving Party") will and hereby does move the Court for:

1. An order compelling [________________________________] ("Responding Party") to provide full, complete, and Code-compliant responses to the following discovery, without improper objections:

☐ Interrogatories (Set No. [____]), Nos. [____] through [____]
☐ Requests for Production of Documents (Set No. [____]), Nos. [____] through [____]
☐ Requests for Admission (Set No. [____]), Nos. [____] through [____]
☐ Deposition questions refused on [__/__/____]
☐ Initial Disclosures required under Fed. R. Civ. P. 26(a)(1)
☐ Other: [________________________________]

2. An award of reasonable expenses, including attorney fees, incurred in bringing this Motion, pursuant to [Fed. R. Civ. P. 37(a)(5) / applicable state rule].

This Motion is made pursuant to [Fed. R. Civ. P. 37(a) / applicable state rule] on the grounds that Responding Party has [failed to respond / provided incomplete, evasive, or non-responsive answers / asserted improper boilerplate objections / failed to produce documents responsive to proper requests] despite Moving Party's good-faith efforts to resolve the dispute informally.

This Motion is based upon this Notice of Motion, the accompanying Memorandum of Points and Authorities, the Declaration of [________________________________], the attached exhibits, all pleadings and papers on file in this action, and such oral argument as the Court may permit.

CERTIFICATE OF CONFERRAL (MEET AND CONFER)

I, [________________________________], counsel for [Moving Party], hereby certify as follows:

1. Before filing this Motion, the undersigned conferred in good faith with counsel for Responding Party, [________________________________], in an effort to resolve this discovery dispute without court intervention, as required by [Fed. R. Civ. P. 37(a)(1) / applicable state rule].

2. The conferral occurred on the following dates and by the following methods:

☐ [__/__/____] — [Telephone call / In-person meeting / Video conference] lasting approximately [____] minutes
☐ [__/__/____] — [Written correspondence / Email exchange] (attached as Exhibit [____])
☐ [__/__/____] — [Follow-up communication]

3. The specific issues discussed included:
   a. [________________________________]
   b. [________________________________]
   c. [________________________________]

4. ☐ Responding Party agreed to supplement certain responses but failed to do so by [__/__/____].
   ☐ Responding Party refused to provide supplemental responses.
   ☐ Responding Party agreed to produce certain documents but failed to do so by [__/__/____].
   ☐ Responding Party did not respond to the meet-and-confer communication despite [____] attempts.

5. The parties were unable to resolve this dispute despite good-faith efforts.

Signed: [________________________________]
Date: [__/__/____]

MEMORANDUM OF POINTS AND AUTHORITIES

I. INTRODUCTION

This Motion is necessitated by Responding Party's failure to comply with its discovery obligations. Despite being served with [interrogatories / requests for production / requests for admission / other discovery] on [__/__/____], and despite Moving Party's diligent meet-and-confer efforts, Responding Party has [failed to respond / provided incomplete responses / asserted boilerplate objections without merit / withheld responsive documents without adequate justification]. Moving Party now seeks court intervention to compel compliance and an award of the reasonable expenses incurred in bringing this Motion.

II. STATEMENT OF RELEVANT FACTS

1. This action involves claims for [________________________________].

2. On [__/__/____], Moving Party served [describe discovery] on Responding Party.

3. Responses were due on [__/__/____] (calculated as [30 days from service / other applicable deadline]).

4. ☐ Responding Party served responses on [__/__/____], but the responses were deficient as described below.
   ☐ Responding Party failed to serve any response as of the date of this Motion.

5. Moving Party engaged in meet-and-confer efforts as described in the Certificate of Conferral.

6. The deficient responses are summarized in the chart below and detailed in the Separate Statement / Appendix attached as Exhibit [____].

III. SUMMARY OF DISPUTED DISCOVERY

IV. LEGAL STANDARD

A. The Scope of Discovery — Fed. R. Civ. P. 26(b)(1)

Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case. Fed. R. Civ. P. 26(b)(1). The former "reasonably calculated to lead to the discovery of admissible evidence" standard was removed by the 2015 amendments to Rule 26(b)(1); relevance and proportionality now govern the scope of discovery.

The proportionality factors include: the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Id.

B. Motion to Compel — Fed. R. Civ. P. 37(a)

Under Rule 37(a)(3)(B), a party seeking discovery may move for an order compelling an answer, designation, production, or inspection if:

(i) A deponent fails to answer a question asked under Rule 30 or 31;
(ii) A corporation or other entity fails to make a designation under Rule 30(b)(6) or 31(a)(4);
(iii) A party fails to answer an interrogatory submitted under Rule 33; or
(iv) A party fails to produce documents or fails to respond that inspection will be permitted—or fails to permit inspection—as requested under Rule 34.

C. Evasive or Incomplete Responses

Under Rule 37(a)(4), "[f]or purposes of this subdivision, an evasive or incomplete disclosure, answer, or response must be treated as a failure to disclose, answer, or respond." Courts have held that boilerplate objections, objections without factual support, and responses that fail to address the substance of the request are treated as failures to respond. See Mancia v. Mayflower Textile Servs. Co., 253 F.R.D. 354, 358 (D. Md. 2008).

D. Waiver of Objections

A party that fails to serve timely objections to discovery requests may be deemed to have waived its objections. See Richmark Corp. v. Timber Falling Consultants, 959 F.2d 1468, 1473 (9th Cir. 1992). Even where responses are timely, objections that are boilerplate and not substantiated may be overruled. See Burlington N. & Santa Fe Ry. Co. v. U.S. Dist. Court, 408 F.3d 1142, 1149 (9th Cir. 2005).

E. Expenses and Sanctions — Fed. R. Civ. P. 37(a)(5)

If the Motion is Granted: The court must, after giving an opportunity to be heard, require the party or deponent whose conduct necessitated the motion, the party or attorney advising that conduct, or both, to pay the movant's reasonable expenses incurred in making the motion, including attorney fees. Fed. R. Civ. P. 37(a)(5)(A). The court must not order payment if:

(i) The movant filed the motion before attempting in good faith to obtain the discovery without court action;
(ii) The opposing party's nondisclosure, response, or objection was substantially justified; or
(iii) Other circumstances make an award of expenses unjust.

If the Motion is Denied: The court may issue any protective order authorized under Rule 26(c) and must require the movant or the attorney to pay the responding party's reasonable expenses, unless the motion was substantially justified or other circumstances make an award unjust. Fed. R. Civ. P. 37(a)(5)(B).

If Granted in Part and Denied in Part: The court may apportion the reasonable expenses for the motion. Fed. R. Civ. P. 37(a)(5)(C).

V. ARGUMENT

A. The Requested Discovery Is Relevant and Proportional

The discovery at issue seeks information directly relevant to [Moving Party's claims / Responding Party's defenses / the central issues in this litigation], specifically [________________________________].

[For each category of disputed discovery, explain:]

1. Interrogatory/Request No. [____]: This request seeks [________________________________], which is directly relevant to [________________________________] because [________________________________]. The information is proportional to the needs of this case because [________________________________].

2. Interrogatory/Request No. [____]: This request seeks [________________________________], which is directly relevant to [________________________________] because [________________________________].

3. Interrogatory/Request No. [____]: [Continue as needed.]

B. Responding Party's Objections Are Without Merit

Responding Party has asserted the following objections, none of which withstand scrutiny:

1. "Overbroad, Unduly Burdensome, and Oppressive"

Responding Party's blanket objections of overbreadth and undue burden are conclusory and unsupported. Responding Party has not identified any specific burden or expense, provided any affidavit quantifying the cost of compliance, or explained why the discovery is disproportionate. Such boilerplate objections are routinely overruled. See Heller v. City of Dallas, 303 F.R.D. 466, 490 (N.D. Tex. 2014) ("Boilerplate or generalized objections are tantamount to no objection at all.").

2. "Vague and Ambiguous"

Responding Party objects that certain terms are "vague and ambiguous" without identifying which terms are purportedly unclear. The requests use [plain English / terms defined in the discovery requests / terms commonly understood in the industry]. If genuinely uncertain about the meaning of a request, Responding Party was obligated to seek clarification during the meet-and-confer process, which it failed to do.

3. "Not Reasonably Calculated to Lead to the Discovery of Admissible Evidence"

This objection applies a pre-2015 standard that was superseded by the current proportionality framework. Under the 2015 amendments to Rule 26(b)(1), the test is relevance and proportionality, not whether information is "reasonably calculated to lead to admissible evidence." Regardless, the discovery at issue satisfies both standards because [________________________________].

4. "Attorney-Client Privilege / Work Product"

To the extent Responding Party has withheld materials on privilege grounds, Responding Party [has failed to provide a privilege log as required by Fed. R. Civ. P. 26(b)(5)(A) / has provided an inadequate privilege log that does not contain sufficient information to evaluate the privilege claim]. The assertion of privilege does not excuse Responding Party from responding to the non-privileged portions of the requests.

5. Other Objections: [________________________________]

[Address any additional objections raised by Responding Party.]

C. A Privilege Log Is Required for Any Withheld Documents

Under Rule 26(b)(5)(A), "[w]hen a party withholds information otherwise discoverable by claiming that the information is privileged or subject to protection as trial-preparation material, the party must: (i) expressly make the claim; and (ii) describe the nature of the documents, communications, or tangible things not produced or disclosed—and do so in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the claim."

Responding Party has [failed to produce a privilege log / produced an inadequate privilege log]. The Court should order Responding Party to produce a compliant privilege log within [____] days.

D. Expenses Should Be Awarded

Moving Party respectfully requests an award of the reasonable expenses incurred in bringing this Motion, including attorney fees. Under Rule 37(a)(5)(A), such an award is mandatory when the motion is granted, unless the nondisclosure was substantially justified or other circumstances make the award unjust. Neither exception applies here because:

1. Moving Party attempted to resolve this dispute in good faith before filing this Motion;
2. Responding Party's objections are not substantially justified; and
3. No circumstances make an award of expenses unjust.

Moving Party's reasonable expenses in connection with this Motion are:

VI. REQUESTED RELIEF

Moving Party respectfully requests that the Court enter an order:

1. Compelling Responding Party to serve complete, verified, Code-compliant responses to [Interrogatories Nos. [____]-[____] / Requests for Production Nos. [____]-[____] / Requests for Admission Nos. [____]-[____]] without objections, within [____] days of the date of the order;

2. Compelling Responding Party to produce all responsive documents within [____] days of the date of the order;

3. Deeming all objections waived to the extent not specifically sustained by the Court;

4. Ordering Responding Party to produce a privilege log compliant with Fed. R. Civ. P. 26(b)(5)(A) within [____] days of the date of the order;

5. Awarding Moving Party its reasonable expenses, including attorney fees of $[____], incurred in bringing this Motion;

6. Ordering that if Responding Party fails to comply with the order, the Court may impose further sanctions including [striking pleadings / adverse inference instructions / default / contempt]; and

7. Granting such other and further relief as the Court deems just and proper.

CONCLUSION

For the foregoing reasons, Moving Party respectfully requests that this Court grant the Motion to Compel Discovery in its entirety and award Moving Party its reasonable expenses and attorney fees incurred in connection with this Motion.

Dated: [__/__/____]

Respectfully submitted,

[________________________________]
[________________________________] (Bar No. [________________________________])
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Attorney for [Moving Party] [________________________________]

DECLARATION OF [________________________________] IN SUPPORT OF MOTION TO COMPEL DISCOVERY

I, [________________________________], declare under penalty of perjury as follows:

1. I am counsel of record for [Moving Party] in the above-captioned action. I have personal knowledge of the facts stated herein and, if called as a witness, could and would competently testify thereto.

2. On [__/__/____], [Moving Party] served the following discovery on [Responding Party]: [________________________________]. True and correct copies of the discovery requests are attached as Exhibit [____].

3. Responses were due on [__/__/____].

4. ☐ [Responding Party] served responses on [__/__/____]. True and correct copies of the responses are attached as Exhibit [____].
   ☐ [Responding Party] has not served any responses as of the date of this declaration.

5. The responses are deficient in the following respects: [________________________________].

6. On [__/__/____], I initiated meet-and-confer communications with opposing counsel regarding the deficient responses. A true and correct copy of the meet-and-confer correspondence is attached as Exhibit [____].

7. Despite good-faith efforts, the parties were unable to resolve this dispute.

8. I have expended approximately [____] hours in connection with meet-and-confer efforts and preparation of this Motion, at a rate of $[____] per hour, totaling $[____].

9. [Additional relevant facts: ________________________________]

I declare under penalty of perjury under the laws of the [United States / State of [____]] that the foregoing is true and correct.

Executed on [__/__/____], at [________________________________] (City), [________________________________] (State).

[________________________________]
(Signature)

[________________________________]
(Printed Name, Bar No. [________________________________])

[PROPOSED] ORDER COMPELLING DISCOVERY

IN THE [________________________________] COURT

COUNTY OF [________________________________], STATE OF [________________________________]

ORDER GRANTING MOTION TO COMPEL DISCOVERY

The Court, having considered [Moving Party]'s Motion to Compel Discovery and Request for Expenses, the supporting papers, [any opposition filed], and the arguments of counsel, hereby ORDERS as follows:

1. The Motion to Compel is GRANTED [in full / in part].

2. [Responding Party] shall serve complete, verified responses, without objections except as specifically sustained herein, to the following discovery within [____] days of the date of this Order:

☐ Interrogatories (Set No. [____]), Nos. [________________________________]
☐ Requests for Production (Set No. [____]), Nos. [________________________________]
☐ Requests for Admission (Set No. [____]), Nos. [________________________________]

3. [Responding Party] shall produce all responsive documents within [____] days of the date of this Order.

4. [Responding Party] shall produce a privilege log compliant with [Fed. R. Civ. P. 26(b)(5)(A) / applicable state rule] within [____] days of the date of this Order.

5. ☐ [Responding Party] / [Responding Party's counsel] shall pay to [Moving Party] the sum of $[____] as reasonable expenses, including attorney fees, incurred in connection with this Motion, within [____] days of the date of this Order.
   ☐ The request for expenses is DENIED.

6. Failure to comply with this Order may result in sanctions including [________________________________].

IT IS SO ORDERED.

Dated: [__/__/____]

_______________________________________________
Hon. [________________________________]
Judge, [________________________________] Court

CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I served a true and correct copy of the foregoing MOTION TO COMPEL DISCOVERY AND REQUEST FOR EXPENSES, including all supporting papers and exhibits, upon all parties and/or their counsel of record as follows:

Via:
☐ Personal Service
☐ United States Mail, First Class, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Overnight Delivery Service
☐ Electronic Filing / CM/ECF (for registered users)
☐ Facsimile to [________________________________]
☐ Email to [________________________________]

Served Upon:

[________________________________] (Name)
[________________________________] (Firm)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Email)

Attorney for [________________________________]

Dated: [__/__/____]

_______________________________________________
[________________________________]

STATE-SPECIFIC PRACTICE NOTES

California

• Governing Authority: Cal. Code Civ. Proc. §§ 2030.300 (interrogatories), 2031.310 (inspection demands), 2033.290 (requests for admission).
• 45-Day Filing Deadline: A motion to compel further responses must be filed within 45 days of service of the verified response, or any supplemental verified response, or on or before any specific later date agreed to in writing. Cal. Code Civ. Proc. § 2031.310(c). This deadline is jurisdictional; failure to file within 45 days waives the right to compel.
• Separate Statement Required: California Rule of Court 3.1345 requires a separate statement with each motion to compel further responses, identifying each request at issue, the response, the reason the response is deficient, and the factual and legal reasons for compelling a further response.
• Meet and Confer Required: A meet-and-confer declaration under Cal. Code Civ. Proc. § 2016.040 must accompany the motion.
• Good Cause Required for Document Demands: A motion to compel further production under CCP § 2031.310 must set forth "specific facts showing good cause justifying the discovery sought."
• Mandatory Sanctions: The court shall impose monetary sanctions against any party who unsuccessfully makes or opposes a motion to compel, unless the court finds substantial justification or other circumstances making sanctions unjust.
• No Initial Disclosure Requirement: California does not require initial disclosures under state law (unlike FRCP 26(a)).

Texas

• Governing Authority: Tex. R. Civ. P. 215 (Abuse of Discovery; Sanctions).
• Motion to Compel: Under Rule 215.1, a party may apply to the court for an order compelling discovery if another party fails to respond to discovery or provides evasive or incomplete answers.
• No Formal Meet-and-Confer Certification: While Texas does not require a formal meet-and-confer certification by rule, many local rules and individual judges require a conference before filing a discovery motion. Check applicable local rules.
• Sanctions Authority: Under Rule 215.2, if a party fails to comply with a discovery order, the court may impose sanctions including: striking pleadings, prohibiting evidence, deeming matters admitted, and dismissing or entering default judgment. Under Rule 215.3, the court may impose sanctions for abuse of the discovery process without a prior order.
• Death Penalty Sanctions: Texas recognizes "death penalty" sanctions (striking pleadings and entering judgment) for discovery abuse, but only where the conduct justifies a presumption that the party's claims or defenses lack merit. TransAmerican Natural Gas Corp. v. Powell, 811 S.W.2d 913 (Tex. 1991).
• Discovery Control Plans: Texas uses discovery control levels (Levels 1, 2, and 3) that govern the scope and timing of discovery. Tex. R. Civ. P. 190.

Florida

• Governing Authority: Fla. R. Civ. P. 1.380 (Failure to Make Discovery; Sanctions).
• Motion to Compel: Under Rule 1.380(a), a party may apply for an order compelling discovery if a deponent fails to answer, a party fails to answer interrogatories, or a party fails to respond to a request for inspection.
• Certification Required: 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 discovery in an effort to secure the information without court action.
• Expenses: Under Rule 1.380(a)(4), if the motion is granted, the court shall require the party or deponent whose conduct necessitated the motion to pay reasonable expenses, including attorney fees, unless the opposition was substantially justified or other circumstances make an award unjust.
• Progressive Sanctions: Florida follows a progressive sanctions approach. For first-time discovery failures, the court typically compels compliance and awards expenses. Repeated failures may result in more severe sanctions under Rule 1.380(b).
• Standard Interrogatory Limit: Florida limits interrogatories to 30 (including subparts) absent court order or stipulation. Fla. R. Civ. P. 1.340(a).

New York

• Governing Authority: N.Y. C.P.L.R. § 3124 (Failure to Disclose; Motion to Compel Disclosure).
• Motion to Compel: Under CPLR § 3124, if a party fails to respond to or comply with any request, notice, interrogatory, demand, question, or order, the party seeking disclosure may move to compel compliance or a response.
• Conditional Order: Under CPLR § 3126, the court may impose conditional orders (preclusion, striking pleadings, dismissal, or default) if a party "refuses to obey an order for disclosure or willfully fails to disclose information which the court finds ought to have been disclosed."
• No Formal Meet-and-Confer Requirement: CPLR does not impose a formal meet-and-confer requirement, but Uniform Rules for Trial Courts § 202.7 requires that counsel for the moving party first attempt to resolve the discovery dispute with opposing counsel before filing a motion. The affirmation must describe the efforts made.
• Good-Faith Affirmation: Uniform Rule § 202.7(a) requires an affirmation of good-faith effort to resolve the dispute. Failure to include this affirmation may result in denial of the motion.
• Costs and Sanctions: Under CPLR § 3126, the court may impose costs and sanctions for failure to comply with disclosure obligations. The court has broad discretion in selecting appropriate sanctions.

PRACTICE TIPS

☐ File a Complete Record: Attach copies of the discovery requests, the responses (or note the absence of responses), and the meet-and-confer correspondence. Courts expect a complete record.

☐ Be Specific: Address each deficient response individually. Conclusory arguments that "all responses are deficient" are less persuasive than a request-by-request analysis.

☐ Quantify Expenses: Provide a detailed breakdown of the time and expenses incurred in connection with the motion. Courts are more likely to award expenses when the request is supported by specific documentation.

☐ Meet and Confer in Good Faith: The meet-and-confer requirement is substantive, not merely procedural. Courts will deny motions where the movant's conferral efforts were perfunctory.

☐ Check Filing Deadlines: Some jurisdictions impose strict deadlines for filing motions to compel (e.g., California's 45-day deadline). Missing the deadline may waive the right to compel.

☐ Consider Proportionality: Be prepared to address proportionality factors, particularly in cases with modest amounts in controversy or where the discovery burden is significant.

Sources and References

• Fed. R. Civ. P. 37(a) — Motion to Compel: https://www.law.cornell.edu/rules/frcp/rule_37
• Fed. R. Civ. P. 26(b)(1) — Scope of Discovery: https://www.law.cornell.edu/rules/frcp/rule_26
• Cal. Code Civ. Proc. § 2031.310: https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2031-310/
• N.Y. C.P.L.R. § 3124: https://law.justia.com/codes/new-york/cvp/article-31/r3124/
• Fla. R. Civ. P. 1.380: https://coxlawflorida.com/florida-rules-of-civil-procedure/rule-1-280-general-provisions-governing-discovery/
• Tex. R. Civ. P. 215: https://www.veniosystems.com/blog/what-is-frcp-rule-37-a-reference-guide/
• Mancia v. Mayflower Textile Servs. Co., 253 F.R.D. 354 (D. Md. 2008)
• Heller v. City of Dallas, 303 F.R.D. 466 (N.D. Tex. 2014)