Can a Motion to compel evidence be submitted after the close of discovery? After Summary Judgement has been denied?

Question

I parted ways with my lawyer bc he refused to submit evidence or request a motion to compel evidence (I.e recorded calls etc) in a section 1981 race disrimination case. I'm now trying to supplement the record. I asked him to file a motion to compel but he didn't. I'm wondering if its worth still requesting a motion to compel even if it get denied just in case it goes to the court of appeals?

Terrence H Thorgaard · Answer

Part of the problem is what you call your motion.  A "motion to compel evidence" is very unusual.  What would you seek;  
     an order that the other party answer certain questions (interrogatories),  
     submit to a deposition,  
     produce certain documents,  
    admit or deny certain statements (request for admissions),  
    or what? 
If the court has ordered that discovery is closed, your motion would be made for that reason.

Charles M. Baron · Answer

I agree with Mr. Thorgaard's comments, plus I'm wondering what you mean by "supplement the record" if the motion for summary judgment (which was based on the record up to that point) has already been denied.  If you mean you're trying to obtain additional evidence for you to present at trial, "supplement the record" is probably not the legal phrase you're looking for.  Whether the Court would consider your motion to compel to be timely depends on a various factors, and in conjunction with a motion to compel, you might want to move for an extension of the discovery deadline.  If you can't find another attorney to take the case to trial, you should consider scheduling a consultation with one to give you procedural advice that you can rely on (which might cost a few hundred bucks).

Q: Can a Motion to compel evidence be submitted after the close of discovery? After Summary Judgement has been denied?