Paralegal Certification PrepLitigationMedium
A paralegal is assisting an attorney with a complex commercial litigation case. During discovery, the opposing party repeatedly objects to requests for production of documents, claiming the requests are overly broad and unduly burdensome. The attorney believes the requested documents are crucial to the case and that the objections are unfounded. What motion should the paralegal prepare to address the opposing party's refusal to provide the requested documents?
- AMotion for Sanctions
- BMotion for a Protective Order
- CMotion to Compel Discovery
- DMotion to Dismiss
Show answer & explanationAnswer & explanation
Correct answer: C. Motion to Compel Discovery
When a party refuses to provide requested discovery, or objects to discovery requests, the appropriate action is typically to file a Motion to Compel Discovery. This motion asks the court to order the opposing party to comply with the discovery requests.
Why the other options are wrong
- A. A Motion for Sanctions might be filed if a party willfully violates a discovery order, but usually follows a motion to compel.
- B. A Motion for a Protective Order is used to prevent or limit discovery of sensitive information, not to force disclosure.
- D. A Motion to Dismiss seeks to end the case early due to legal deficiencies, not to resolve discovery disputes.
Motion to Compel Discovery
A request made to the court by one party in a lawsuit to force the opposing party to produce documents, answer interrogatories, or provide other information that has been requested during discovery but withheld.
- Used when a party refuses to comply with discovery requests.
- Asks the court to order compliance.
- Requires a showing that the requested discovery is relevant and not privileged.
- Often a prerequisite for seeking discovery sanctions.
Memory trick: Compel: make them comply; Protect: keep it private.