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Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.
If a court does order a party to respond to a request for discovery in response to a motion to compel and the party disobeys the order, it can lead to consequences such as another, more serious court order, fines or fees or other procedural rulings that may even affect the outcome of a case.
When the opposing party fails to timely or fully answer discovery, the remedy is through a motion to compel. The rules pertaining to such motions are contained in South Carolina Rule of Civil Procedure 37.
This Rule 37 is the language of the Federal Rule with minor changes. The Federal Rule provides that a motion to compel discovery or for sanctions may be brought either in the court where the action is pending or in the place where the discovery or deposition is taken.
If the other person does not respond, or their response is still incomplete, you can ask the court to order them to respond. You have 45 days from the service of the most recent responses to ask the court to make an order requiring an answer. If the response was served by mail, 5 extra days are added.
A motion to compel discovery is a request to the judge to order the prosecution to hand over evidence. If the court grants the motion, the judge will order that the appropriate materials be released on a plan of sanctions such as fines, suppression of evidence, and even a dismissal of the charges.