Compelling Discovery: Overview (Federal)

by Practical Law Litigation

A Practice Note providing an overview of how to compel discovery and other required disclosures in federal civil litigation under Federal Rule of Civil Procedure (FRCP) 37. This Note discusses the strategic considerations for filing a motion to compel, including assessing the motion's ripeness and its potential strengths and weaknesses. It outlines the various types of discovery that a party may seek to compel, such as initial and expert disclosures, deposition testimony, interrogatory responses, and document productions. This Note also addresses the unique aspects of compelling discovery from nonparties through subpoenas under FRCP 45. It details the key procedural requirements for moving to compel, including the meet and confer obligation, timing considerations, and the necessary court filings, offering guidance on navigating the process effectively without revealing specific litigation strategies.