Q: Despite the court granting the motion to compel, the defendant has not yet produced the requested information.
The defendant failed to respond to the interrogatories, and the court subsequently granted our motion to compel. However, they have not yet complied with the court order.
A:
Here are a few options for next steps when a defendant fails to comply with a court order compelling discovery responses:
1. File a motion for sanctions: You can file a motion requesting that the court impose sanctions on the defendant for failing to comply with the order to compel. Possible sanctions may include monetary fines, an order precluding the defendant from introducing certain evidence at trial, or even a default judgment against the defendant in extreme cases.
2. Send a meet and confer letter: Before filing a motion for sanctions, you should send a letter to opposing counsel outlining the defendant's non-compliance and requesting that they produce the required information by a specific deadline. Indicate that if they fail to do so, you will have no choice but to seek court intervention and sanctions.
3. Request an order to show cause: You can ask the court to issue an order requiring the defendant to appear in court and show cause as to why they should not be held in contempt for violating the order compelling discovery.
4. Request a court conference: Reach out to the court and request a status conference with the judge to discuss the defendant's failure to comply with the order. The judge may order the defendant to immediately produce the discovery or impose sanctions during the conference.
Be sure to carefully document your attempts to meet and confer and obtain the required discovery before seeking court intervention. The court will want to see that you made good faith efforts to resolve the issue. If the non-compliance persists, pursuing sanctions is often the most effective way to compel the defendant's cooperation with their discovery obligations.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
