Motion to Compel Discovery

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01ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02CASE INFORMATION

County *

File No. *

Division

Moving Party *

Moving Party is

Opposing Party *

03DISCOVERY AT ISSUE

Type of Discovery *

Date Discovery Was Served *

Response Deadline *

Status of Responses *

04GOOD-FAITH CONFERENCE

Was a Good-Faith Conference Held? *

Date of Conference *

Conferenced With *

Outcome / Result *

05SPECIFIC DISCOVERY NOT PROVIDED

06AUTHORITY AND RELIEF REQUESTED

Cases Cited

Relief Requested

Service Date (Certificate of Service) *

Served Upon *

SELECTED COUNTY

— Select above —

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Must attempt good-faith resolution before filing — document the attempt in detail
File with a supporting affidavit describing the deficiency
Attach copies of discovery requests and deficient (or absent) responses
If court grants, may also award reasonable attorney's fees under Rule 37(a)(4)
If opposing party continues to disobey after order, next step is Rule 37(b) sanctions — up to default judgment or dismissal

G.S. 1A-1, Rule 37(a)Motion to compel

Rule 37(a)(4)Attorney's fees

Rule 37(b)Sanctions for disobedience

Rule 26(b)Scope of discovery

Diehl v. Koffer140 N.C. App. 580 (2000)