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Answered 2006-04-05 14:11:11

The safest method is to contact the clerk of the court in which the case is docketed. Using generic forms is never a good idea as states are not uniform in their requirements of such documents. For example in some states you would need to file Motion To Compel Production of Documents and Sanctions, and/or Motion To Compel Answers To Interrogatories and Sanctions and so forth. The filer must know exactly what is accepted by the court. If the document is not worded and filed correctly it can result in wasted time, expense and perhaps the dismissal or loss of the case.

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Answered 2014-11-23 00:17:31

The foregoing is true, and if there is an official form, it should be used. However, if there is not one, the general language would be as follows (stated in separately numbered paragraphs);--On (date) (Plaintiff/Defendant) sent (form of discovery) to (Plaintiff/Defendant).

--The (Plaintiff/Defendant) has not responded or objected within the time allowed by law.

--Wherefore (Plaintiff/Defendant) requests the Court to enter an order requiring (Plaintiff/Defenand) to respond within X days.


--The style of the case must appear on the top of the motion, and a certificate of service at the bottom, documenting that a copy of the motion was mailed to the other party on a stated date, and it has to be filed by the party filing it with the Clerk of the court. Some jurisdictions require a hearing on these motions and some enter an order granting the motion without a hearing. You should call the court or the judge's judicial assistant to find out, and to ask whether you should file a proposed order granting the motion with the motion.


This is not intended, not should it be construed as legal advice.

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