Discovery Motions in Federal Court Toolkit

Practical Law Toolkit w-009-0479 (Approx. 8 pages)

Discovery Motions in Federal Court Toolkit

by Practical Law Litigation

Maintained • USA (National/Federal)

Resources to help counsel prepare, file, and serve motions relating to discovery in federal civil litigation, including motions to compel discovery, motions to quash or modify a subpoena, motions for a protective order, and motions for sanctions.

In federal civil litigation, a party may use motions during discovery for several purposes, including to help ensure that it receives sufficient documents and information to litigate a case, to protect its interests during discovery, and to remedy discovery abuses. For example, a party may file a motion asking the court to:

Order another party or person to:
- respond to properly served discovery requests or a subpoena if that party or person fails to timely respond; or
- provide discovery or information that the party or person refuses to provide.
Quash a subpoena that improperly seeks documents or testimony.
Order the parties to maintain the confidentiality of commercially sensitive, trade secret, proprietary, or personal information.
Sanction a party that fails to make disclosures or otherwise fails to cooperate in discovery.

The resources in this Toolkit provide guidance on preparing, filing, and serving discovery motions in federal civil litigation, including motions:

To compel discovery under Federal Rule of Civil Procedure (FRCP) 37(a).
To quash or modify a subpoena under FRCP 45.
For a protective order under FRCP 26(c).
For sanctions, such as for the failure to preserve electronically stored information (ESI) under FRCP 37(e).

Discovery Motions in Federal Court Toolkit | Practical Law