What is a motion to compel or enforce discovery?

A motion to compel or enforce discovery is a document filed in a civil court case that asks a judge to order a party to comply with a discovery request. In Delaware, discovery is the legal process of gathering information or evidence before trial. This can include such things as documents, pictures, taken depositions, etc. It is important because it allows the parties to know what evidence or facts each side will offer at trial. A motion to compel or enforce discovery may be needed when a party refuses to answer or provide documents when requested. This is a violation of the Delaware Rules of Civil Procedure and could result in the court holding that party in contempt or in disfavor. When filing a motion to compel discovery, the filing party must include facts that support why the other party should be compelled. To win a motion to compel, the filing party must demonstrate that the information or documents sought are necessary and relevant to the case, among other things. The court will then determine if the documents or information should be produced or not. If so, the court may order sanctions against the other party, including a fine or a default judgment. In Delaware, a motion to compel is an important tool for controlling the discovery process. Because it is a legal action that must be done carefully, it should be done with the help of an attorney.

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What is a motion to compel or enforce discovery?

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