Example Motion to Compel

ABOUT THIS FORM

This is a sample Motion to Compel Discovery filed in an auto accident case in Baltimore City Circuit Court. Interrogatories and RPDs were served and a follow up letter was sent to defense counsel, but no responses were ever received.


IN THE CIRCUIT COURT OF MARYLAND
FOR BALTIMORE CITY

JONATHAN SMITH
Plaintiff

v.

ANTHONY TORTFEASOR
Defendant

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PLAINTIFF’S MOTION TO COMPEL DISCOVERY

Now Comes Jonathan Smith, Plaintiff herein, by and through his attorneys, Rodney M. Gaston and Miller & Zois, LLC, and hereby moves that the Defendants be compelled to submit responses to the Plaintiff’s discovery requests and in support thereof states as follows:

      1.    In this automobile negligence case, the Plaintiff propounded Interrogatories and a Request for Production of Documents to all Defendants on May 7, 2018 and May 9, 2018 respectively.  See Exhibit 1 Affidavit of Service.
      2.    That the Defendants responses to these discovery requests were due on or about July 26, 2018.
      3.    That as of this date, neither Defendant has submitted answers to the Plaintiff’s Interrogatories, nor responses to the Plaintiff’s Request for Production of Documents and these responses are five (5) months overdue.
      4.    That on or about November 19, 2018, November 30, 2018, and December 10, 2018, undersigned counsel mailed letters to defense counsel requesting that the Defendants submit their discovery responses.  See Exhibit 2.

WHEREFORE:  Plaintiff respectfully requests that this Honorable Court compel the Defendants to submit Answers to the Plaintiff’s Interrogatories and Responses to the Plaintiff’s Request for Production of Documents within ten (10) days.       

 

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CERTIFICATE OF GOOD FAITH ATTEMPTS
TO RESOLVE THE DISCOVERY DISPUTE

I, Rodney M. Gaston, hereby certify that on November 19, 2018, November 30, 2018 and December 10, 2018, I mailed letters to defense counsel requesting that the Defendants submit their discovery responses.  These letters are attached hereto as Exhibit 2.  That as of this date, neither Defendant has submitted duly executed Answers to the Plaintiff’s Interrogatories, nor has either Defendant submitted Responses to the Plaintiff’s Request for Production of Documents and the parties are unable resolve this discovery dispute and need assistance from the Court.

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