What is a motion to compel or enforce discovery?

A motion to compel or enforce discovery is a legal document filed with the court to request that the court order a party to comply with the discovery process. In Hawaii, discovery is the process where parties to a lawsuit can request documents and information from each other before the trial begins. If one of the parties fails to comply with the discovery process, the other may file a motion to compel or enforce discovery. Once filed, the court will review the motion and determine if the party in question failed to adequately respond to the request for documents or other information. If so, the court will order the other party to produce the requested documents or information. An example of this would be if one party requested financial documents from the other but the other party failed to provide them. The party can file a motion to compel or enforce discovery to compel the other to provide the documents. The motion to compel or enforce discovery is a powerful tool in the discovery process and helps ensure that both parties’ rights are respected and fulfilled. It allows for the courts to intervene if one party fails to provide documents or other relevant information, ensuring fairness and equity in the legal process.

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