What is the effect of a motion to compel discovery in civil litigation?

In civil litigation in North Carolina, a motion to compel discovery is a legal request for the opposing party to turn over documents and answer questions that are relevant to the case. This motion can be filed by either the plaintiff or the defendant depending on the need for more information. The effect of a motion to compel discovery is to “force” the opposing party to comply with the original discovery requests. When a party is served with a motion to compel, they must either agree to provide the requested documents and/or answers, or file a response in court explaining why the discovery request should not be granted. In many cases, filing a motion to compel will lead to a settlement without the need for a trial. The opposing party may be willing to provide the documents or answers requested, or to negotiate a settlement, rather than going to trial and potentially facing a judgment against them. Furthermore, a motion to compel is often successful in obtaining documents or answers that may be key to winning a case. In North Carolina, a party that deliberately fails to respond to a motion to compel can face sanctions such as fines and dismissal of their claims. This is why a motion to compel can be so powerful: it serves as a reminder to both sides that the other party is serious about their case and expects all evidence to be disclosed.

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