Discovery Motions

If you are not regularly filing discovery motions, you are not trying to get your case ready for trial.  Defense lawyers in medical malpractice and serious motor vehicle accident cases are going to be focused on giving you anything but the facts of the case and what their defenses are going to be at trial.  

Make sure when you file your motion, you make it easy on the court with a proposed order which you will find attached to these sample discovery motions.

Sample Discovery Motions

Discovery Motion Advice

  • Do not ask for sanctions unless the circumstances are extreme. You are unlikely to win and the court is likely to label you as the boy that cried wolf, diminishing your credibility in the rest of the motion
  • Make a good faith effort to resolve the dispute first.  In Maryland, you need to file a certificate (which is included in the above motions) certifying your attempts to resolve the conflict without the court's intervention.  
  • Provide supporting affidavits and exhibits. Supporting affidavits, declarations, and exhibits should be attached and referenced in the motion. Include a copy of the deficiencies or the discovery to which the defendant failed to respond. 
  • File your motion early. Too many lawyers wait until it is too late to file their motion.  If the discovery has passed, the court might very well say too bad. 
  • Don't fall for the banana in the tailpipe trick of defendant modifying some of their answers when the motion is pending and then telling the court the motion is moot.  You have to file a reply that explains where the deficiencies still lie. 
  • Read the rule before you file a motion to compel.  This is Maryland rule and this is the federal rule

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