Motion to Compel
A request asking the court to force the other spouse to respond to discovery requests or comply with disclosure requirements.
Understanding Motion to Compel
A motion to compel is filed when one spouse refuses or fails to respond to legitimate discovery requests like interrogatories, document requests, or deposition notices. Before filing, the requesting party typically must make a good-faith effort to resolve the dispute directly. If the court grants the motion, the non-compliant party is ordered to respond within a set timeframe. The court may also award attorney fees to the party who had to file the motion and impose sanctions for continued non-compliance.
Real-World Examples
When he refused to provide three years of business tax returns, her attorney filed a motion to compel, and the judge ordered production within 14 days.
Related Terms
Written questions sent by one spouse to the other that must be answered under oath within a specified timeframe as part of the discovery process.
Mandatory DisclosureRequired exchange of financial documents between both spouses early in the divorce process, regardless of whether either side requests them.
HearingA court proceeding where a judge hears arguments, evidence, or testimony on a specific issue in a divorce case.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.