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Motion to compel discovery responses (federal)

Rule 37(a) lets a party move to compel. The motion "must include a certification that the movant has in good faith conferred or attempted to confer" with the opposing party to get the discovery without court action. Fed. R. Civ. P. 37(a)(1)1

• Grounds. You may move when a party fails to answer an interrogatory under Rule 33 or fails to produce documents or permit inspection under Rule 34. An "evasive or incomplete" answer "must be treated as a failure to disclose, answer, or respond." Fed. R. Civ. P. 37(a)(3)(B)(iii)–(iv), (a)(4)1
• Where to file. File in the court where the action is pending; for a nonparty, where the discovery will be taken. Fed. R. Civ. P. 37(a)(2)1
• Show that the response was late or deficient. Interrogatory answers and objections are due "within 30 days after being served," and "Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure." Fed. R. Civ. P. 33(b)(2), (b)(4)2 Rule 34 responses are also due in 30 days. Objections must "state with specificity the grounds" and "whether any responsive materials are being withheld." Rule 34 has no express waiver sentence like Rule 33's, and courts differ on whether late Rule 34 objections are waived. Fed. R. Civ. P. 34(b)(2)(A)–(C)3
• Address scope and privilege. Tie each request to matter "relevant to any party's claim or defense" and proportional to the needs of the case. If privilege is asserted, the withholding party must "describe the nature of the documents" it withheld. Fed. R. Civ. P. 26(b)(1), (b)(5)(A)4
• Request expenses. If the motion is granted, or the discovery arrives after you file, the court "must" award reasonable expenses, including attorney's fees, unless the movant skipped good-faith conferral, the opposing position was "substantially justified," or an award would be unjust. A denied motion can shift fees to the movant, and a split result allows apportionment. Fed. R. Civ. P. 37(a)(5)(A)–(C)1

Skeleton

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1. Notice of motion and relief requested
2. Rule 37(a)(1) certification (dates, method, participants)
3. Background: requests served, response deadline, responses received
4. Request-by-request chart: request | response/objection | why deficient
5. Argument: relevance and proportionality; waiver or deficient objections
6. Expenses under Rule 37(a)(5)(A)
7. Proposed order with a compliance deadline

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Practice notes

• Local rules and judges' procedures vary. Courts may adopt local rules, and judges may regulate practice "in any manner consistent with federal law." Fed. R. Civ. P. 835 A scheduling order may require you to "request a conference with the court" before filing. Fed. R. Civ. P. 16(b)(3)(B)(v)6