A motion to compel discovery is a request to the court for an order that the opposing party comply with the discovery request. It may also be referred to as a Motion to Compel Production, Motion to Compel Answers to Interrogatories, Motion to Compel Inspection, or other similar requests. Failure to comply with an order under a such a motion may subject the noncomplying party to sanctions and attorney fees.
The following is an example of a statute governing motions to compel:
"(a)If a deponent fails to answer a question propounded or a party upon whom a request is made pursuant to Secs. 18.18 through 18.20, or a party upon whom interrogatories are served fails to respond adequately or objects to the request, or any part thereof, or fails to permit inspection as requested, the discovering party may move the administrative law judge for an order compelling a response or inspection in accordance with the request.
(b) The motion shall set forth:
- The nature of the questions or request;
- The response or objections of the party upon whom the request was served; and
- Arguments in support of the motion.
(c) For purposes of this section, an evasive answer or incomplete answer or response shall be treated as a failure to answer or respond.
(d) In ruling on a motion made pursuant to this section, the administrative law judge may make and enter a protective order such as he or she is authorized to enter on a motion made pursuant to Sec. 18.15(a)."