Motion for Costs and Attorney Fees

UNITED STATES DISTRICT COURT

FOR A SAMPLE DISTRICT

________________________________

) Case No.:

Peter Plaintiff, )

Plaintiff, )

)

v. )

)

Donald Defendant, )

Defendant. )

______________________________)

Moving Party: _______________

Respondent: _______________

MOTION FOR DISCOVERY

SANCTIONS IN THE FORM OF

COSTS, EXPERT WITNESS

FEES AND ATTORNEY FEES

The Moving Party hereby requests that this honorable court issue its order requiring the Respondent and his attorney to pay the reasonable costs, attorney fees and expert witness fees incurred by the Moving Party as a direct result of the failure and refusal of the Respondent and his attorney to comply with the Moving Party’s repeated discovery requests and the orders of this court, for the following reasons:

1. This action was commenced on the ____ day of ____________, 20___, involving:

   __________________________________________________

   __________________________________________________

   __________________________________________________

2. From the outset of this litigation and throughout the period leading to the cut-off of discovery on the ____ day of ____________, 20___, the Respondent has continuously failed and refused to promptly and properly comply with the discovery requests of the Moving Party, requiring time consuming motions, court orders that were never fully complied with, and additional costs and expenses in the form of expert witness fees, all of which are more specifically detailed in this motion and the supporting affidavits, bills and statements attached hereto.

3. During the initial disclosure procedures as mandated by Rule 26(a) of the Federal Rules of Civil Procedure, the Respondent refused and neglected to timely provide the following information as required by Rule 26(a)(1)(A) within the required deadline of Rule 26(a)(1)(C), which information the Respondent used or planned to use to support its claims or defenses:¹

   I. □ All Persons Likely To Have Discoverable Information (Name, Address, Telephone, Subject

   of Information).

   Due: ____ day of ____________, 20___,

   Received: ____ day of ____________, 20___.

   ii. A copy (or description) of the following:□ All Relevant Documents

   Due: ____ day of ____________, 20___,

   Received: ____ day of ____________, 20___.

   Electronic Information

   Due: ____ day of ____________, 20___,

   Received: ____ day of ____________, 20___ .

   Tangible Items²

   Due: ____ day of ____________, 20___,

   Received: ____ day of ____________, 20___.

   ...