Download the Motion to Compel Toolkit

Frequently Asked Questions

1. Who is this toolkit for?

Litigation attorneys, paralegals, litigation support professionals, eDiscovery managers, and in-house legal teams who are preparing to file a motion to compel — or trying to resolve discovery deficiencies before they escalate.

2. Is this legal advice?

No. The toolkit is an educational resource. The FRCP is the baseline throughout, but local rules, judges’ standing orders, and state procedure frequently add requirements such as pre-motion letters, joint discovery statements, or shortened deadlines. Verify every rule reference and deadline against the current rules and your court’s own orders.

3. Does it include ready-to-use templates?

Yes — a meet-and-confer deficiency letter, a motion skeleton with section-by-section guidance, a relief block written as the order you want signed, and a working draft of the Rule 37(a)(1) certification.

4. What is the Rule 37(a)(1) certification and why does it matter?

It’s the required certification that you conferred, or attempted to confer, in good faith before filing. A certification that can’t point to specific dates, participants, and topics is the fastest way to lose an otherwise winnable motion — Tool 2 exists to build that record while it’s still easy to make.

5. Can I use this in state court matters?

Many states model their discovery rules on the FRCP, so the framework travels well - but state procedure varies widely. Confirm your jurisdiction’s rules before acting.