A Jailhouse Lawyer's Manual - Columbia Law School

A-4. SAMPLE NOTICE OF MOTION FOR ORDER COMPELLING DISCOVERY 90
Note: This motion seeks to compel production of documents. This form may also be used if your opponent
has refused to comply with a different discovery request (for example, failing to respond to interrogatories).
Simply change the language referring to a request for production of documents to indicate the type of
discovery you are seeking.
[proper caption]
[Plaintiff/defendant] moves this court for an order pursuant to Rule 37 of Fed. R. Civ. P. [describe relief
sought]. A copy of a proposed order is attached to this motion. The reasons supporting this motion include
[explain reasons such as the defendant’s failure to answer your interrogatories, to produce records, or to allow
you to perform discovery in a way that was practical for you].
[Plaintiff/defendant] further moves the court for an order seeking reasonable attorney’s fees and costs
and expenses incurred in this proceeding. There exists substantial justification for seeking fees, costs and
expenses, because [explain reasons why such as defendant’s ignoring your requests or defendant’s telling you
that your case was worthless because you are a prisoner].
This motion is based upon the notice, pleadings, records, and files in this action, and the attached
supporting affidavits [or: declarations] of [party, witness, attorney—persons who can state that they know
that the defendant did not produce the documents or that you did not receive them] and the attached
memorandum of law [if necessary or appropriate], and oral and documentary evidence to be presented at the
hearing on the motion [if you think a hearing will be necessary].
Dated:
[date] [city, state]
Signed,
[your name & address]
Plaintiff, pro se.
90. Adapted from Roger S. Haydock & David F. Herr, Discovery Practice app. B-34 (4th ed. 2004) (Form G-1).