How to Motion for Discovery in a Civil Credit Card Lawsuit

Understanding discovery in a credit card lawsuit.

Discovery in a credit card lawsuit involves obtaining documents and other evidence from the opposing party. The rules of civil procedure govern discovery in all types of lawsuits. Each state maintains rules of civil procedure. Although there are some minor differences, generally the provisions in these rules are the same from one jurisdiction to another. Pursuing a motion for discovery in a civil credit card lawsuit is a process that actually commences before preparing such a pleading (court document requesting an order from the judge).

Things You'll Need

• Motion to compel discovery

Instructions

1. Prepare and submit interrogatories during the discovery period of the civil credit card lawsuit. These are written questions answered voluntarily by the opposing party under oath. You must take this step before pursuing a motion to compel discovery. The rules establish a specific amount of time for a response.

2. Prepare a request for production of documents. List the documents that you think the opposing party possesses and that you desire as part of your case. The rules establish a specified time period for a response.

3. Deliver both of these requests to the opposing party (or attorney, if the opposing party engaged representation).

4. Obtain from the clerk of the court a form motion to compel discovery (motion for discovery) if the other party does not provide requested discovery in a timely manner.

5. Complete the motion setting forth the discovery requested pursuant to the rules of civil procedure. Make note that the discovery was not provided. Request the court to compel (order) discovery.

6. File the motion to compel (motion for discovery) with the clerk of the court.

7. Send a copy of your motion to compel to the other party.

8. Obtain a hearing date on your motion from either the clerk of the court or the administrative assistant to the judge assigned your case.

9. Notify the opposing party of the date and time of the hearing. The court clerk maintains a standard form used for this purpose.

10. Appear at the hearing to present your position regarding the need to compel discovery. Provide copies of the interrogatories and request for production of documents previously delivered to the other party. Barring an error on your part in requesting discovery in the first place, the court directs the opposing party to provide what you requested.

References

• Introduction to the Anatomy of a Lawsuit: Discovery
• "Civil Procedure Examples & Explanations"; Joseph W. Glannon; 2008
• "Civil Procedure"; Stephen C. Yeazell; 2008
• Ohio Legal Services: Motion to Compel

Resources

• Federal Rules of Civil Procedure