What is a motion to compel and when can it be used in international litigation?
A motion to compel is a legal request that is made to a court to enforce a specific action. In international litigation, a motion to compel can be used when either party in a dispute is not acting in accordance with specific instructions set out in an agreement or court order. The motion will state the specific action that is not being taken and why it is necessary for the court to take action to ensure the agreement or order is followed. In California, a motion to compel can be filed in court prior to a trial. The party filing the motion to compel will have to explain why they believe the action is necessary as well as providing evidence to support why they think the court needs to step in. The court may then review the motion to determine if the motion should be granted or denied. If the motion is granted, the judge will issue an order that requires the party not acting in accordance to the agreement or court order to take the specified action. If the motion is denied, the judge will provide specific reasons why they determined the motion should not be granted. In some cases, the motion to compel will also include a request for sanctions, which is a penalty of some kind that is imposed on the party not taking the specified action. Sanctions might include a monetary penalty or other related form of punishment.
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