What are the relevant rules of civil procedure when moving to compel further responses to a party?

A motion to compel further responses to a party in federal court is primarily governed by Fed. R. Civ. P. 37(a), with the underlying discovery vehicle determined by whether the deficiency is in an interrogatory response, document production, deposition answer, disclosure, or admission response. The key companion rules are Fed. R. Civ. P. 26(b), Fed. R. Civ. P. 26(c), Fed. R. Civ. P. 33, Fed. R. Civ. P. 34, and Fed. R. Civ. P. 36.

Core rule: motion to compel

Under Fed. R. Civ. P. 37(a)(3), a party seeking discovery may move for an order compelling:

• an answer to an interrogatory under Fed. R. Civ. P. 33;
• production or inspection under Fed. R. Civ. P. 34;
• a deposition answer under Fed. R. Civ. P. 30 or Fed. R. Civ. P. 31;
• a corporate designation under Fed. R. Civ. P. 30(b)(6);
• disclosure required by Fed. R. Civ. P. 26(a);
• or, in some circumstances, compliance with admissions-related obligations under Fed. R. Civ. P. 36.[3][1]

An evasive or incomplete disclosure, answer, or response is treated as a failure to disclose, answer, or respond. Fed. R. Civ. P. 37(a)(4)[3]

Prerequisites to filing

1. Meet-and-confer certification

The motion must include a certification that the movant, in good faith, conferred or attempted to confer with the party or person failing to respond in an effort to obtain the discovery without court action. Fed. R. Civ. P. 37(a)(1)[1][2][3]

2. Proper court

For a motion to compel against a party, the motion must be made in the court where the action is pending. Fed. R. Civ. P. 37(a)(2)[1][3]

3. Discovery must be within Rule 26(b)(1)

The requested material must fall within the scope of discovery under Fed. R. Civ. P. 26(b)(1), meaning nonprivileged matter relevant to any party’s claim or defense, and proportional to the needs of the case. Fed. R. Civ. P. 26(b)(1)[4]

Rule-specific pathways

Key response rules that often matter on a motion to compel

Interrogatories

Responses must be served within 30 days and objections must be stated with specificity. Fed. R. Civ. P. 33(b)(2), (4)[6]

Requests for production

The responding party must state with specificity whether it will permit inspection or produce copies, and any objection must state whether responsive materials are being withheld. Fed. R. Civ. P. 34(b)(2)(B)-(C)[5]

Requests for admission

A matter is admitted unless the party answers or objects within 30 days; the answer must specifically deny, explain inability to admit or deny, or explain lack of knowledge after reasonable inquiry. Fed. R. Civ. P. 36(a)(3)-(4)[7]

Sanctions and fees

If the motion is granted, or if the requested discovery is produced after the motion is filed, the court must generally require the losing party or counsel to pay the movant’s reasonable expenses, including attorney’s fees, unless the position was substantially justified or other circumstances make an award unjust. Fed. R. Civ. P. 37(a)(5)(A)[3]

If the motion is denied, the court may award fees to the resisting party under Fed. R. Civ. P. 37(a)(5)(B)[3]. If granted in part and denied in part, the court may apportion expenses. Fed. R. Civ. P. 37(a)(5)(C)[3]

Practical takeaway

If you are moving to compel further responses, the usual checklist is:

1. Identify the governing discovery rule: Fed. R. Civ. P. 33, Fed. R. Civ. P. 34, Fed. R. Civ. P. 36, or Fed. R. Civ. P. 26(a)/(e).
2. Show the response is incomplete, evasive, or insufficient under that rule.
3. Certify a good-faith meet-and-confer under Fed. R. Civ. P. 37(a)(1).
4. File the motion in the court where the action is pending under Fed. R. Civ. P. 37(a)(2).
5. Request expenses under Fed. R. Civ. P. 37(a)(5) if appropriate.