To obtain an order compelling discovery under Rule 37(a), what must the requesting party show?

To obtain an order compelling discovery under Rule 37(a), what must the requesting party show?

• A. They have made attempts to obtain responses
• B. They have not made any attempts
• C. The other party has already provided responses
• D. They have filed a complaint

Answer: (A)

The key idea is that you must show you’ve tried to solve the discovery dispute without court help. Under Rule 37(a), a party seeking a court-ordered discovery must demonstrate a good faith effort to confer with the other side in an attempt to obtain the needed responses. That preliminary step is typically shown by a certification accompanying the motion, confirming you’ve made reasonable efforts to discuss and resolve the discovery issues before asking the court to intervene. If no such attempts were made, or if the other side has already provided complete responses, there would be no basis to seek a compelled order.

The key idea is that you must show you’ve tried to solve the discovery dispute without court help. Under Rule 37(a), a party seeking a court-ordered discovery must demonstrate a good faith effort to confer with the other side in an attempt to obtain the needed responses. That preliminary step is typically shown by a certification accompanying the motion, confirming you’ve made reasonable efforts to discuss and resolve the discovery issues before asking the court to intervene. If no such attempts were made, or if the other side has already provided complete responses, there would be no basis to seek a compelled order.