Though not filed at a high frequency, a Legal Motion to Compel is a common part of litigation in the United States. It is best that you do not confuse this with a Motion to Dismiss.

BUT what exactly is a Legal Motion to Compel?

Well, this legal motion is typically filed when parties fail to comply with discovery requests. 

In this blog, we will discuss a couple of things:

1. When to file a Motion to Compel
2. How to file a Motion to Compel
3. Example of a Motion to Compel
4. What happens after?
5. How to respond to a Motion to Compel if you receive one
6. Tips to Avoid a Motion to Compel

Once you are done exploring, you will have a full understanding of what a Legal Motion to Compel is and how to work around it. So, without any further chattering, let’s jump into our new topic of the day! 

When Should You File a Legal Motion to Compel?

SITUATION 1: Parties Are Unresponsive To Interrogatories

The first, most common situation is

When the opposing party ignores your interrogatories or provides vague, incomplete answers. This can hamper your legal research and delay your case preparation unnecessarily. 

When you file a motion to compel, you are asking the court to step in. Making it mandatory for the other party to comply with the rules.

Your motion makes it clear that discovery is mandatory AND delays or evasions are not to be tolerated. 

In some cases, the court might even impose sanctions for failing to meet their discovery obligations. 

SITUATION 2: Parties Won’t Produce Documents

When you have asked the other party multiple times to provide you with some documents AND they failed to comply with your request, filing a Motion to compel becomes unavoidable. Litigation paralegals can help sort out the Motion to Compel so how about hiring one?

Such unnecessary delays can hamper the entire case timeline and affect the fairness of the proceedings. 

Here are some situations that might force you to file a Legal Motion to Compel:

• Missing documents end up distorting facts: Without access to complete records, you’re working with half the story.
• Case resolution gets delayed: Waiting on paperwork slows everything down.
• Undermines the discovery process: Parties are expected to respond HONESTLY and THOROUGHLY to all discovery responses.
• Gives opportunity to misconduct: Withholding information gives one party an unfair tactical advantage.
• Weakens legal arguments: Without key documents, you may be unable to support your claims or defenses effectively.

When informal efforts are not complied with, the moving party can ask the court to order compliance.

HOWEVER, keep in mind, it is crucial that you present a well-drafted Motion with CLEAR legal arguments. Only a properly convincing Motion will push the court act and protect the integrity of the process.

SITUATION 3: Parties Are Deliberately Obstructing Information Discovery

You might be surprised to hear but there are times when the other side tries to slow down or block the discovery process on PURPOSE. 

How will you know? Well, they might attempt to constantly object, refuse to hand over documents, or make it difficult to obtain important information. 

Such scenarios usually end up delaying the case. As a result hurting your chances of getting a fair outcome. This is where filing a Legal Motion to Compel becomes necessary.

But before it gets that far, Courts usually ask both parties to try to settle their issue. Make sure you document your efforts.

The Guide: How to File a Legal Motion to Compel

Meet And Confer With The Opposing Party 

Typically before filing a Legal Motion and getting the court involved, you are expected to try and settle the issue informally.

Thus, before taking a legal action, reach out to the opposing party, meet up with them and try to confer. This gesture shows the court that the requesting party had made efforts to sort things out without legal intervention.

It is vital that you document this meeting thoroughly (the date, the topics discussed, any follow-up communication, etc.)

Fact to be Noted before complying for a formal enforcement! Most courts won’t consider your motion to compel if you haven’t made an attempt to resolve the issue first. 

Prepare Your Motion To Compel 

So, despite your informal efforts, the party has still refused to cooperate with your discovery requests. Now, it’s time you prepare your Legal Motion to Compel. 

Strictly follow the established format! This helps you avoid any unnecessary confusion or rejection for failing to provide the right information. 

Your motion to compel should consist of the following:

• The name of the court
• The docket number
• The names, addresses, and details of the parties involved
• A summary of the case that provides context
• A list of discovery requests that the opposing party did not comply with
• A list of accompanying reasons explaining any non-compliance
• Reasons why the court should support discovery

For the court to issue a motion to compel, it is crucial that you provide reasonable cause for the opposing party to comply with your request. 

Here are some solid reasons the court might accept:

• Failure to release medical records relevant to a case
• Failure to supply expert deposition questions
• Getting in the way of discovery by abusing the rules of conventional legal proceedings to cause delay or incur higher costs on the opposing party
• Failure to take part in depositions
• Failure to supply documents relevant to the case

The more detailed and accurate your objective is, the more likely it is for the court to grant your Motion to Compel. Lastly, snake sure your reason aligns perfectly with the circumstances of the case. 

Serve The Motion 

The first step (Filing the Legal Motion to Compel) is done. Now the court will start analyzing the request and evaluate any objections raised by the other side.

This step holds weight in the legal process, especially during the discovery phase. Being able to access all the information can shape the outcome of a case. 

With the world running digital, Courts now accept e-filing too. Thus, you can also serve the motion electronically. However, having a hard copy with you at all times as a precautionary measure is good.

Make sure that you send a copy of the Motion to the opposing party’s law office. 

During this stage, both sides can present their arguments. The court will review the facts and then decide whether the motion is justified or not. 

If your motion gets approved, not only will the other party receive an order to produce the documents but they could also be required to pay attorney’s fees for forcing the motion.

Go To The Hearing 

Even after being served a legal motion, if the other party refuses to cooperate then you may have to sit for a court hearing. During this hearing, both sides get the opportunity to discuss their positions.

The judge, after hearing their explanations, decides the next action. 

For the hearing to go in your favor, you need to prove that serious effort was made to try to solve the problem informally. The proof could include emails, letters or notes from phone calls.

In some cases, you might be required to file two Motions:

1. One saying the other side didn’t respond to discovery
2. Another asking the court to penalize them (called sanctions)

Make sure your request is clear and concise. Mention exactly which questions or documents were ignored and why they matter to your case. 

Use the hearing as a golden door. Explain EVERYTHING to the judge!

If the judge agrees with you, they can order the other party to provide the missing data.

Example of a Motion to Compel

IN THE FAMILY COURT OF GREENWOOD COUNTY
STATE OF SOUTH CAROLINA

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Case No. 2025-DR-17-00456

JENNIFER TAYLOR,
Plaintiff,
v.
MICHAEL TAYLOR,
Defendant.

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MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS

The Plaintiff, Jennifer Taylor, through her undersigned counsel, respectfully requests that this Honorable Court enter an Order compelling the Defendant, Michael Taylor, to respond to outstanding discovery requests and for appropriate sanctions, and in support thereof states the following:

1. On May 15, 2025, Plaintiff served the Defendant with the following discovery requests in accordance with the South Carolina Rules of Civil Procedure:
   a. Interrogatories,
   b. Request for Production of Documents, and
   c. Request for Admissions.
   (See attached Certificate of Service and discovery documents.)
   
2. Pursuant to the applicable Rules, Defendant’s responses were due within thirty (30) days, no later than June 14, 2025.
   
3. As of the date of this filing, July 15, 2025, Defendant has failed to respond to any of the discovery requests or request an extension.
   
4. On June 24, 2025, Plaintiff’s counsel sent a follow-up email to Defendant’s counsel in a good-faith effort to resolve the issue without court intervention. No response was received.
   
5. A second communication was sent on July 1, 2025, warning that a motion to compel would be filed if no discovery responses were received by July 5, 2025. Again, no reply was given.
   
6. The Defendant’s refusal to respond to discovery is impeding the Plaintiff’s ability to adequately prepare for trial, particularly with regard to financial disclosures relevant to equitable distribution, child support, and custody arrangements.
   
7. Defendant’s conduct demonstrates a willful disregard for the discovery process and is unnecessarily prolonging litigation, to the detriment of the Plaintiff and contrary to the interests of judicial efficiency.
   
8. Plaintiff therefore requests that the Court issue an Order compelling the Defendant to provide complete responses to all outstanding discovery requests within ten (10) days of the Court’s Order.
   
9. Plaintiff further requests that the Court impose appropriate sanctions on the Defendant for failure to comply with discovery obligations, pursuant to Rule 37 of the South Carolina Rules of Civil Procedure.
   
10. A proposed Order is attached hereto for the Court’s convenience.

---

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CERTIFICATE OF SERVICE

I hereby certify that on the 15th day of July, 2025, I served a true and correct copy of the foregoing Motion to Compel Discovery and for Sanctions upon counsel for Defendant, Mark J. Dennison, via overnight mail addressed to:

Mark J. Dennison
204 Harper Street, Suite B
Greenwood, SC 29646

/s/ Emma L. Brooks
Emma L. Brooks

What Happens After Filing a Motion to Compel?

Scenario	Outcome	Details / Consequences
Motion to Compel is GRANTED	Opposing party must comply with judge’s order	– Must provide requested materials within specified deadline- Failure to comply may result in:Contempt of courtFinesSuppression of evidenceDismissal of charges
Motion to Compel is DENIED	Opposing party is NOT obligated to provide the requested materials	Attorney may:Accept the rulingAppeal the decisionPursue alternative legal avenuesJudge may deny due to:Information not essentialAlready providedInsufficient specificityLack of legal basisViolation of attorney-client privilege
Additional Note	Federal criminal discovery can be complex	Prosecutors may not always follow rules.Specialized knowledge is often needed to navigate discovery issues.Contacting experienced defense attorneys is advisable.

A Motion to Compel, after initial discovery response is received, has to be filed within a specific timeframe. Moreover, the deadline is typically 45 days from the service of the response or any supplemental response. 

How to Respond to a Motion to Compel (If You are on the Receiving End)?

Understand the Motion

Start by carefully reviewing the Motion to Compel you have been served. Identify the discovery requests that are being challenged and the reasons the opposing party believes the responses are not sufficient. 

Next, determine if the request is overly broad, not relevant, protected by privilege, or other objectionable. 

Draft a Response

Now, you have to write back. Write a formal opposition to the Motion.

Make sure it:

• Outlines your reasons for resisting the Motion to Compel.
• Clearly state your objections to the discovery requests, citing relevant legal rules and case law to support your position
• Argue why your previous response was in fact accurate AND why further response is unnecessary

If possible, you can make an attempt to resolve the issue by contacting the opposing party. Discuss the objections during the meeting and explore potential compromises. 

Meet and Confer

During the informal meeting, bring up the specific issues raised in the Motion. See if a resolution is possible without further court intervention. 

It is crucial that you keep a record of the meeting. Without missing out any details, ensure that any agreement or disagreements are noted in the record.

File the Opposition

You have to file the opposition to the Motion to Compel before the deadline the court has set.

Before filing the opposition, make sure that it is formatted properly and includes all the necessary information. 

Consequences of Non-Compliance

If you fail to respond or insufficiently respond, this will result in the court ordering you to comply. Such as producing the requested information, paying the opposing party’s legal fees, or facing other sanctions. 

In extreme scenarios, the court may dismiss your claim or defense or enter a default judgment against you. For this exact reason, it is crucial to take the Motion to Compel seriously and respond appropriately. 

Pointers on Avoiding A Legal Motion to Compel

TIP1: Respond Timely to Discovery Requests

Make efforts to meet all deadlines for interrogatories, requests for production, or admissions. If needed, try asking for extensions before the deadline.

Why does it help?

Courts expect timely compliance. Delays often lead to motions to compel.

TIP2: Be Transparent and Cooperative

It is crucial that you DON’T hide information! Provide what’s requested unless there’s a valid objection.

Why does it help?

Cooperation builds trust and reduces the risk of formal disputes.

TIP3: Use Clear, Specific Objections

When objecting, cite legal grounds and be precise (e.g., overly broad, irrelevant, unduly burdensome).

Why does it help?

Vague or boilerplate objections are often challenged and overruled.

TIP4: Keep a Paper Trail

It is always important that you document all discovery-related communication—emails, letters, meet-and-confer efforts, etc.

Why does it help?

Showing good faith efforts to resolve issues before a motion is filed.

TIP5: Meet and Confer in Good Faith 

If there’s a dispute, try to sort it out with the other party before court involvement. Offer compromises or clarifications.

Why does it help?

Courts often require proof that you tried to resolve the matter informally first.

TIP6: Don’t Wait to Raise Concerns

If a request is problematic, raise it early with opposing counsel or file for a protective order if necessary.

Why does it help?

Delaying raises red flags and limits your credibility.

TIP7: Review Your Discovery Obligations with Counsel

Ensure your attorney helps you understand what documents and responses are required.

Why does it help?

Incomplete responses due to misunderstanding often lead to motions.

Conclusion

Understanding the complexity behind Legal Motion to Compel can be a challenge. Fortunately, we have you all covered.

If you have already read through this blog, you would now have a full understanding of how to deal with the situation, whether you are on the serving end or receiving end.

In this article, we covered when and how to file a Motion to Compel. You will find an example of a Motion to Compel. Then, we discussed what happens once the Motion is filed.

If you are the one on the receiving end, then we have also covered how to respond to the Motion. Lastly, we ended the blog with pointers on how to avoid a Motion to Compel. With all that on your plate, it would be best advised that you hire a litigation intake attorney to smoothen the process. Not only will they ensure that you are on top of everything but they will give you the necessary guidance to ensure that the argument is in your favor.