Chapter 2 - 2.2 Motions To Compel

• Jurisdiction: Virginia

2.2 MOTIONS TO COMPEL

2.201 In General. Motions to compel are brought by a party to enforce discovery; they are objections to the opposing party's failure to provide discovery. The motion should describe the disputed matter and must affirmatively state that the issue could not be resolved after a good faith effort was made.⁹ The motion should also include the relief requested, such as ordering the party to comply with discovery by a certain date, and suggest appropriate sanctions for failure to comply, recognizing that under Rule 4:12(d) a prior order need not be in place to impose the sanctions allowed under Rule 4:12(b). The rule also provides for an award of the expenses...