Resources

ResourcesOklahoma County District Judges2023-10-10T19:39:42+00:00

Attorneys

Direct your argument to the bench not opposing counsel.

Litigants and the Public

Turn off or put your phone on vibrate before you enter the courtroom.

Requirements of a Motion to Compel and Motion for Sanctions

When discovery disputes arise, they usually are presented to the court in the form of a motion to compel. The motion may be summarily denied by the court if it does not contain a statement that the “movant has conferred or attempted to confer either in person or by telephone with the person or party failing to make the discovery in an effort to secure the information or material without court action.”. Email correspondence does not satisfy this requirement. Email usually heightens rather than pacifies discovery disputes. Also, sending a letter saying, “I will call tomorrow at 3:15 p.m. and will then file a motion to compel,” is not good faith.

A Motion for Discovery Sanctions cannot be the first step. Discovery sanctions may only be sought after a court has made a ruling on a Motion to Compel.