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What does filing a motion to compel discovery involve?

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Quick Answer

Filing a motion to compel discovery typically involves drafting a document outlining the problem for the court and requesting relief, selecting a date for the court to hear the motion, delivering the document to the court, and serving a copy of the document to the other party, explains Ohio Legal Services. Each court system has its own set of rules and procedures, so the exact process for filing a motion to compel discovery can differ by system.

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Full Answer

The motion should explain to the judge that the other party ignored a discovery request. It should also explain why the requested discovery material is important to the case and contain a specific request for the judge to order the other party to produce the material, explains Massachusetts Legal Help. The motion can also request that the court sanction the other party.

Generally, the party filing the motion must visit the clerk of the court's office to determine the dates when the judge hears motions, notes Massachusetts Legal Help. The party should pick a date for a hearing that is at least two weeks away to allow time to serve the motion on the noncompliant party, and list the date in the "notice of hearing" section of the motion. The party filing the motion should give the original to the court and serve a copy on the other party, typically by mail.

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