Motion by Plaintiff for Adverse Inference

UNITED STATES DISTRICT COURT

FOR A SAMPLE DISTRICT

______________________________

) Case No.:

Peter Plaintiff, )

Plaintiff, )

)

v. )

)

Donald Defendant, )

Defendant. )

______________________________)

Movant: _____________

Respondent: _____________

MOTION TO PERMIT AN ADVERSE INFERENCE

FOR RESPONDENT’S FAILURE

TO COMPLY WITH DISCOVERY ORDER¹

The Movant, __________, by and through his attorneys, hereby requests that this honorable court issue its order instructing the jury that it may engage in an inference that is adverse to certain claims, defenses and allegations of the Respondent by reason of the Respondent’s repeated failure to comply with the Movant’s Notice for Production of Documents, and the Movant further requests that this court impose further sanctions upon the Respondent by requiring him to pay to the Movant those reasonable costs and attorney fees incurred with respect to this motion. The basis for this motion is as follows:

1. The Movant, in accordance with the court applicable rules, submitted a Notice for Production to the Defendant on _____, 20__ requesting the production of __________ at the offices of __________ located at __________.

2. The items requested in the Notice for Production of Documents are relevant, material and necessary for the preparation of the Movant’s case. A copy of that Notice is attached hereto as Exhibit “A.”

3. The Respondent did not object to the Notice, nor did Respondent comply with its requirements.

4. After failing to receive a response to the Notice, the Movant did repeatedly request the Respondent to provide the subject information, which consists of the following documents which have yet to be produced:

   _________________________________________________________________________

   ___________________________________________________________________________________________________________________________________________________________________________________________________________________________

6. Notwithstanding the Movant’s numerous requests, the Respondent has still failed and refused to provide the requested documents. The failure to answer or respond to the Notice for Production was not substantially justified.

6. [Alternative] Notwithstanding the Movant’s numerous requests, the Respondent has still failed and refused to provide the requested documents. The failure, according to the Respondent was due to a loss or destruction of the requested materials.² Such loss or...