What is Motion To Compel?

What is a motion to compel? Basically, let's say that we've served your husband a request for production of documents and he hasn't responded at all. He hasn't done anything. Then what we would do is we would file a motion to compel with the court and in that motion to compel, we would ask the court to compel him to answer those questions within 10 days or 20 days or within some time period, and furthermore to pay your attorney's fees for having to come to court to get the court to compel him to respond, and if he fails to respond then the court might decide that he will not be allowed to put on any evidence on that topic because he failed to give us the information that he had or that he was capable of getting. So, a motion to compel is a powerful tool to force the other side, in this case, your husband, to give us the information we desire, and if he doesn't, it could harm his case later on when this case goes to trial if in fact it does go to trial. So, that's the power of a motion to compel.

Charles R. Hofheimer View lawyer's profile

Charles R. Hofheimer   visit superlawyers.com