Motion to Compel

North Carolina Divorce Law Divorce and Separation Answers
1

How exactly does a motion to compel work? Every good faith effort has been made through my ex-husband’s attorney to obtain his discovery.

A brief background. Custody order filed with courts Jan 2012. Ex-husband filed motion to modify custody in Aug 2012. My attorney slammed him with interrorgroties and filed a motion to modify support (which is why we need his discovery). His attorney filed a 30 day extension for discovery. His discovery after extension was due Nov 13th. His attorney said that they would get it to us on the 21st of Nov. It’s now the 3rd of December and we still don’t have anything.

If I proceed with a motion to compel what is the process with the courts?

2

The process is pretty simple, file the motion, set it for hearing, attend the hearing. It costs money/time to file, but a lot of times the motion to compel prompts the responses to magically appear, usually the day before the hearing is set so get the earliest available hearing date possible. Make sure your attorney asks for attorney fees too.