Overcoming the “Discovery Game”: A Complete Guide to Motions to Compel

Introduction: Turning Discovery Challenges into Strategy

The purpose of the discovery phase in civil litigation is to allow both parties to exchange information in a fair and transparent process. In an ideal situation, both parties would attempt to ensure the other could build a case based on true and complete facts. However, this stage in the litigation process can be extremely complicated. Delaying tactics, vague or incomplete answers to discovery requests, and frivolous objections all make this process difficult. This is commonly referred to as the “discovery game,” referring to tactics that can be used to achieve an asymmetrical level of cooperation among the parties.

These types of issues lengthen the litigation process and increase costs for both the client and the law firm. Because of these reasons, it is important to understand ways to address these issues in order for the process to be fair and efficient. A motion to compel is one of the best tools that can be used in order to enforce compliance and ensure the case can continue to move forward. 
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What Is a Motion to Compel?

A motion to compel formally asks the court to direct the other party to complete their discovery. This is the motion to file when the other party does not respond to discovery, responds and does not answer the question, or does not respond to the question and does not respond to objections. 

The party that files this motion is trying to make the other side comply with discovery. The tool of this motion is to counter the tactic of a party withholding discovery that could be detrimental, at least, educating the other side, in a case. 
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Common Discovery Issues That Lead to Motions

There are several issues that can trigger a need for a motion to compel discovery. Usually the triggering issue is a complete lack of a response by the other party. This severely stalls the progression of the handle case and frustrates attorneys who are unable to organize their case.

Another common issue is the inclusion of an objection that can be boiled down to boilerplate. This is an objection that provides no real substance to the answer and is often a means of obstructing full discovery. These situations create a clear need to contest the responses in order to get the necessary information.

Evasive and incomplete responses are another series of common issues. These responses may appear to the other party to be sufficient; however, they are often incomplete and create gaps that require more work to fill. In many instances, a party may simply agree to produce the requested documents and will not follow through. This creates an obstacle in the preparation of the case and another means to create a disturbance in the direct progress of the case. 
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Why a Motion to Compel Is Important

A motion to compel is important for ensuring fairness in legal proceedings. It provides equal opportunities for both parties by granting access to information that aids in constructing arguments. The absence of full disclosure on one side of the case creates a significant imbalance.

Furthermore, this type of motion helps mitigate the risk of unjustified postponements. Protracted discovery issues disrupt the legal process, wasting time and increasing client costs. Overall, a motion to compel supports the advancement of the case and discovery, particularly for the legal teams who can now prepare for depositions and the hearings and trials that follow with more confidence and stronger arguments. 
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Meet and Confer: The First Step before Filing

“Meet and confer” is a process in which the two communicating parties attempt to resolve the issue of a motion to compel before the motion is formally submitted. This involves articulating the deficiencies that exist in the other party’s discovery responses and providing the other party with a chance to rectify their mistakes.

Take, and hold onto, meticulous records of all forms of communication. Emails, memos, letters, and phone and other conversation records serve as proof that all other means of resolving the issue are exhausted, saving time and resources that would otherwise be spent by the court on unnecessary tasks. Prior to considering a motion to compel, the court just about always anticipates that the parties involved will fulfill this requirement. It is important to remember that this process does not allow for a loss of one’s dignity.

It is always for the best to retain full professionalism. It will definitely be to one’s advantage if, in the end, the issue does require a court to review the case. Respectful communication will improve the overall chances of successfully resolving the matter. 
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What Happens After Filing a Motion to Compel

After a motion to compel has been filed, the responding party has an opportunity to reply. Sometimes they amend their discovery responses to avoid having to go any further which resolves the issue without going through court.
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If the case is not settled, another judge than the ruling will almost certainly look at it and convene a hearing. It is at this stage where both parties present their case and supporting evidence. A judge then rules if the motion is granted.
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Following a successful motion, any party that fails to comply with the pre-action protocol, is ordered by the court to disclose what they would otherwise have had to provide before starting court proceedings. It guarantees compliance with discovery obligations and permits the case to move forward (or be appropriately set to proceed) without further delays.
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Sometimes in addition, the court may impose punishments. Such as a fine or needing to pay legal fees. These are intended to deter parties from stalling tactics in the future.

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Supporting Law Firms with Efficient Legal Services

Failure to properly handle discovery can result in setbacks and issues at every stage of preparation and ultimately resolution of the case. Support services can help law firms handle such hurdles more effectively.

Services such as court filings, process serving, legal courier and skip tracing help ensure documents reach their destinations and are delivered on time. Legal support providers that take care of the essentials on behalf of law firms, give attorneys the time and opportunity to focus on the strategy and preferred outcomes for their clients.

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Conclusion: Take Control of the Discovery Process

The “discovery game” can be one of the more difficult portions of litigation but is manageable when approached properly. A motion to compel, when drafted and filed properly, can balance fairness and order of the court along with the inevitable non-compliance of the responding party.

Discovering and documenting communication makes the process easier for outside counsel, but even more important is organizing your case. With a proper strategy in mind, attorneys can rest assured that their litigation is thorough and their answers to their discovery requests are provided in a timely manner.
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Frequently Asked Questions:
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1. What happens after filing a motion to compel?

The opposing party may correct their responses, or the court may hold a hearing and decide whether to grant the motion and order compliance.
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2. Can there be penalties for not complying with discovery?

Yes, courts may impose penalties such as fines or requiring the non-compliant party to pay legal fees to discourage delays and obstruction.
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3. How does a motion to compel affect the legal process?

It helps move the case forward by resolving discovery disputes, allowing attorneys to prepare stronger arguments for hearings, depositions, and trial.
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4. Can a motion to compel be avoided?

Yes, by responding to discovery requests fully, honestly, and on time, parties can avoid disputes and the need for court intervention.
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5. How can legal support services help during discovery?

Legal support services assist with document handling, filings, and delivery, ensuring efficiency and allowing attorneys to focus on case strategy.
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