Each side can request information from the other side during a lawsuit.The judge is usually not involved in the process of discovery.If one side doesn't comply with a discovery request, the other side can file a Motion to Compel with the court.To oppose the motion, you need to identify your reasons for not complying and draft a motion in opposition.
Step 1: The motion to compel should be read.
The other side filed a motion with the court.The motion should explain why the other side is entitled to the discovery.As soon as you get the motion, read it carefully.You have to fully understand the arguments.The motion was served on your lawyer if you have one.Ask for a copy.
Step 2: There are local rules for the deadline.
The local rules for your court should tell you how long you have to respond to the motion and what information you must include in your opposition.
Step 3: Make a list of your reasons for not complying.
The court needs a reason to deny the other side's motion to compel.There are many reasons to give.Take out your response to the request.Why you weren't turning over certain information should be identified in your response.You could claim that you have complied with the discovery request.Requests for production of emails relating to a topic might have been served by the other side.All relevant emails might have been provided by you.The other side is not entitled to the discovery.If it's relevant to the lawsuit, a party can request discovery.If the requested information was not relevant, they might not be entitled to it.The discovery request was too vague.You cannot respond to a request that you do not understand.The document is confidential.The attorney-client privilege is the most important.If you made a confidential communication to your lawyer for the purpose of obtaining legal advice, the communication is protected from disclosure.
Step 4: You can format your document.
You should open the blank word processing document to begin drafting your motion.The style and size of the fonts should be set.Times New Roman or Arial 14-point is the best.The margin needs to be at least one inch.Follow the format of your previous documents.You want your motion to be similar to other documents filed in the case.
Step 5: The caption needs to be inserted.
The name of the court, the names of each party, and the case number are all contained in the caption.It could also contain the judge's name.All of this information can be found in any document filed in your case.Remember the title.It is possible to title your motion "Defendant's Response in opposition to the Motion to Compel Discovery and For Sanctions".
Step 6: Your introduction should be added.
In the introduction, state that you oppose the motion to compel.You can state your reasons for opposing the motion to compel.The sample language states that the documents requested are not relevant to the lawsuit and that certain documents are protected from disclosure by the attorney-client privilege.
Step 7: Make an argument.
You need to explain why you shouldn't have to comply with the discovery request in the body of your motion.Make sure to cite the Rules of Civil Procedure and relevant court opinions in order to support your argument.If you refuse to turn over documents because they are not relevant, remind the court that Rule 26(b)(1) limits discovery to non-privileged matters that are relevant to any party's claim or defense.There is no good cause for requesting the past three years of bank records.
Step 8: Add a conclusion.
The conclusion can be brief.You can repeat what you want the court to do.You could say that the court should deny the motion because of the foregoing reasons.
Step 9: The motion needs you to sign it.
Beneath the conclusion, add the words "respectfully submitted" and then put a signature block underneath.Your name and contact information should be in the signature block.Add a date as well.
Step 10: If necessary, obtain supporting declarations.
It is not possible to make factual allegations in your motion if they are supported by evidence.You may be claiming that some documents are privileged because you sent them to your lawyer.In this situation, your lawyer will have to write a declaration.For more information, write an affidavit.
Step 11: A certificate of service is needed.
You need to tell the court that you served the motion.Explain the method of service and the date it was done.The certificate should be put on a separate sheet of paper.The sample language said, "I hereby certify that on this 22nd day of April, 2016 I caused a copy of the foregoing Motion in Opposition to be served by first-class mail, postage prepayment, on counsel for plaintiff as follows."You should sign your certificate.
Step 12: Make copies of things.
You should make several copies of the complete motion after you have finished your motion in opposition.You should make at least one copy of your records.
Step 13: Send it to the other side.
You should use the method identified in your certificate of service to send your copy.You can use first class mail to mail a copy.Give the other side a copy of the motion before the hearing.If there are more than one party in your lawsuit, you can send them copies.You could be one of the two defendants.The other defendants should receive a copy of your motion.
Step 14: You can file the original with the court.
If you want to file the original, take your copies to the clerk.You don't need to pay a fee to file an opposition motion.
Step 15: Prepare for the hearing.
As soon as the other side filed the motion to compel, a hearing should have been scheduled.You should have been given notice of the hearing date.You should read all of the motions to prepare.The other side might have filed a reply after you filed your opposition.There are three motions if that is the case.Don't forget to read them all closely.There is a discovery hearing.If you've never argued before the judge, you should sit in on the hearing.Pay attention to the amount of time the judge gives each side to speak.
Step 16: Listen to the other side.
The other side brought the motion to compel.Stand and listen.If you write down what you think is wrong, you can correct it when you speak.Listen to the questions the judge asks.If the judge is more interested in one issue than another, you can lead off with that issue.
Step 17: You should argue your motion.
Introduce yourself and who you are.If you don't think the other side gave the correct background of the dispute, you need to quickly clarify and provide necessary detail.Limit your argument to two or three points.There won't be a lot of time to argue.Leave time to correct any misimpression created by the other side.Stand quietly if the judge asks a question.Immediately answer the judge's question.The judge should always be called your honor.
Step 18: Wait for the decision to be made.
The judge should make a decision after hearing the argument.You can't appeal until the case is over.You might be able to appeal immediately if the motion affects a substantial right.If you are a journalist, you might have a statutory privilege not to release the sources of your information.You might be able to bring an immediate appeal if the court tries to compel disclosure.