Accordingly, Sisco’s motion to compel responses to discovery propounded by MDA was denied.Īndrew M. is plaintiff's motion to compel discovery pursuant to Rule 37, Fed. Sisco was not the propounding party and therefore lacked standing to compel responses from Hasiuk and BCWH under Rule 37. 99-477 United States District Court, Southern District of Texas July 31, 1980 In. Rule 37(a)(3)(B) provides “ party seeking discovery may move for an order compelling an answer, designation, production, or inspection.” The court concluded that only the party that propounded the disputed discovery requests has standing to move to compel answers. The party resisting disclosure bears the burden of persuasion.Īlthough the parties did not raise the issue, Sisco’s motion to compel based on discovery served on Hasiuk and BCWH by MDA, not Sisco, raised the question of whether Sisco had standing to move to enforce discovery served by another party. Where a party receives evasive or incomplete answers to a discovery request, they are permitted to bring a motion to compel disclosure under Federal Rule of Civil Procedure 37. The scope of discovery is broad, but it is not unlimited. Relevance has been construed broadly to encompass any matter that could bear on, or that could reasonably lead to other matters that could bear on any issue that is or may be in the case. Federal Rule of Civil Procedure 26 governs the discovery process, which allows the parties to obtain any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case. Just below it, type the title of the document as 'Motion to Compel Discovery' and include your name, the plaintiff/defendants name, case number, and division. Title and caption: Start by typing the name of the court at the top and center of the page. The opinion first discussed the standard of review. To fill out a motion to compel discovery, follow these steps: 1. Sisco filed two motions to compel, one based on discovery served by Sisco on MDA, and the other based on discovery served by MDA, not Sisco, on Hasiuk and BCWH. MDA argued that it had no duty to defend or pay damages on behalf of Hasiuk or BCWH in a state-court medical-negligence action filed against Hasiuk or BCWH by Sisco because of material misrepresentations allegedly made by Hasiuk in his application for insurance coverage. Aaron Hasiuk and Bucks County Women’s Healthcare (BCWH). of New Jersey (MDA) filed a declaratory-judgment action against Dr. MDAdvantage Insurance Company of New Jersey v. The lesson of this case is simple: If a party has not served the discovery on which a motion to compel is based on an opposing party, the party cannot succeed on a motion to compel against the opposing party.
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