Sample Motion to Compel Discovery

Below is a sample motion to compel discovery. This is the most common discovery motion we file. Too many defense lawyers think discovery is due after a motion compelling it gets granted.

IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND

MANDY GLENN- Plaintiff
v
STEVEN KENNEDY, et al. – Defendants,

CASE NO. 24-C-04-008432 MT

Motion to Compel

The Plaintiff, Mandy Glenn, by her attorney, Ronald V. Miller, Jr., moves pursuant to Maryland Rule of Procedure 2-432 for an Order compelling the Defendants, Steven Kennedy, Michael Davis, and Erie Insurance Exchange, to promptly produce all outstanding discovery, and in support, states as follows:

More Discovery Samples

• Letter to Counsel Re: Answers
• Another Motion to Compel
• Sample Motions
• Sample Discovery
• Sample Depositions
• Sample Interrogatories

1. 1. That discovery in the form of Interrogatories and Request for Production of Documents was served in this Maryland car accident case on Defendant Davis on December 15, 2022.
   2. That discovery in the form of Interrogatories and Request for Request for Production of Documents was served in this case on Defendant Kennedy on January 8, 2023.
   3. On February 15, 2023, Plaintiff requested, by way of a letter addressed to Defendant Erie’s counsel, that the Answers to Interrogatories and Response to the Request for Production of Documents be promptly supplied.
   4. On March 2, 2023, Plaintiff requested, by way of a letter addressed to all Defendants’ counsel, that the Answers to Interrogatories and Response to the Request for Production of Documents be promptly supplied.
   5. That to date, Plaintiff has not received responses to our discovery requests from any of the Defendants in this matter. The plaintiff is not looking for a court order for sanctions or fees. The plaintiff just wants answers so we can proceed with the litigation without delay.

   WHEREFORE, Plaintiff moves for an Order compelling the Defendants to produce complete and executed Answers to Interrogatories and the required documents within the next 15 days.

   Respectfully submitted,
   Miller & Zois, LLC

   Ronald V. Miller, Jr.
   1 South St, #2450
   Baltimore, MD 21202
   (410)779-4600
   (410)760-8922 (Fax)
   Attorney for the Plaintiff

   Statement of Grounds and Authorities

   1. Maryland Rule 2-432.
   2. Certificate of good faith attempts to resolve discovery dispute.
   3. Attached letters.

   IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND

   MANDY GLENN- Plaintiff
   v
   STEVEN KENNEDY, et al. – Defendants,

   CASE NO. 24-C-04-008432 MT

   Certificate of Good Faith Attempts to Resolve Discovery Dispute

   The undersigned counsel for the Plaintiff certifies that counsel for the above parties has been unable to reach an agreement concerning this dispute, and as reasons, state:

   1. On February 15, 2023, the attorney representing the Plaintiff requested that Defendant Erie supply Answers to Interrogatories and responsive documents. A copy of this letter is attached in Exhibit A.
   2. On March 2, 2013, the attorney representing the Plaintiff requested that all Defendants supply Answers to Interrogatories and responsive documents. A copy of these letters is attached as Exhibits B and C.
   3. As of the present date, Plaintiff has not yet received executed Answers to Interrogatories or a Response to the Request for Production of Documents from the Defendants.

   Respectfully submitted,
   Miller & Zois, LLC

   Ronald V. Miller, Jr.
   1 South St, #2450
   Baltimore, MD 21202
   (410)779-4600
   (410)760-8922 (Fax)
   Attorney for the Plaintiff

   Thoughts on Motions to Compel Discovery Responses

   • There is a balancing act with these motions. In most jurisdictions, the opposing party has 30 days to provide the requested information. The moving party can’t send a letter on the 31st day and file a motion to compel. But if you let it go too long, you are going to run into trouble with the scheduling order. (Plaintiffs’ lawyers should always file discovery and deposition notices with the complaint.)
   • Maryland Rule 2-431 and Federal Rule 37 both require certification by the requesting party setting forth the good faith effort that was made to discuss with the opposing attorney the dispute. This is mandated even when the responding party has not given any answers at all.
   • Don’t ask for attorney’s fees unless the discovery violations are extreme and especially don’t ask for “reasonable expenses” for drafting a template motion like this when the responding party has not provided any response at all. And please don’t file for a default judgment.

   More on Motions Practice Information

   • Sample Plaintiff’s Response to a Motion to Compel
   • Help Center (samples and information for plaintiffs’ personal injury lawyers in discovery.
   • Sample Motions
   • How Maryland Personal Injury Lawyers Should Deal with Motions to Compel Discovery

   

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