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A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.
For example, a party may file a motion asking the court to: Order another party or person to: ... Quash a subpoena that improperly seeks documents or testimony. Order the parties to maintain the confidentiality of commercially sensitive, trade secret, proprietary, or personal information.
Penalties for a Party Failing to Comply with an Order to Compel. If the judge grants the motion to compel, a party who refuses to comply with an order to compel may face serious consequences. The party may be required to pay court sanctions, and may face contempt of court charges. Amar Esq.
A discovery response is essentially a choice that you make after receiving a request for information. The question then becomes, Should you comply or not?
You only need to sign and deliver the discovery request to the other party or the other party's attorney. If you are serving a discovery request on a non-party, then the request must be filed. Texas Rules of Civil Procedure Rule 191.4 governs the filing requirement for discovery requests.