What is a motion to compel discovery? Use a motion to compel discovery when the other side refuses to respond to discovery requests.A party, upon reasonable notice to other parties and all other persons affected thereby, may apply for sanctions or an order compelling discovery as follows: First, write a motion requesting discovery. Include your questions and document requests. No request for discovery may be served on an opposing party without permission of the court. The parties to new civil lawsuits in Texas usually must exchange information within 30 days of the filing of an answer, waiver of service, or counterpetition. Who can be subpoenaed? You send it to the lawyer for the party either certified mail or fed ex, either one. In a civil case, the notice of appeal must be filed with the US District Clerk's Office within 30 days after the judgment is entered.