What is a motion to compel when someone won’t answer discovery in Georgia?

· 2 min read

A motion to compel is the formal request that asks a judge to order an uncooperative party to actually answer discovery. When one side ignores interrogatories, refuses to produce documents, or stonewalls questions at a deposition, the other side does not get to simply give up; Georgia provides a court-enforced remedy under O.C.G.A. § 9-11-37.

When the motion is used

Discovery depends on parties responding in good faith. The statute addresses the breakdowns that happen when they do not, including a party who fails to answer interrogatories, a party who will not respond to a request to inspect or produce documents, and a deponent who refuses to answer a proper question. In those situations the party seeking the information may move for an order compelling the answer, designation, or inspection.

Importantly, a refusal cannot usually be excused just by calling the request objectionable. Under the framework of § 9-11-37, a party who simply ignores discovery, rather than seeking a protective order, generally cannot later defend the silence by claiming the request was improper.

What a court can order

If the judge agrees that a response was required, the court directs the resisting party to provide it. The order can also carry financial consequences. Georgia’s rule allows the court to require the losing side to pay the reasonable expenses, including attorney fees, caused by the need to file the motion, unless the opposition was substantially justified or an award would be unjust.

When a party defies an order to comply, the stakes climb. Sanctions available for that kind of disobedience can include:

  • Treating designated facts as established against the disobedient party.
  • Barring that party from supporting or opposing certain claims or defenses.
  • Striking pleadings or staying the case until compliance.
  • In serious cases, dismissal of a claim or entry of a default judgment.

These escalating tools are what give discovery its teeth.

The bottom line

A motion to compel under § 9-11-37 is how a Georgia litigant turns to the court when an opponent will not answer discovery. It can produce both an order to comply and an award of the expenses caused by the obstruction, and continued defiance can lead to sanctions as severe as having facts deemed admitted or a case decided by default. The mechanism exists so that the duty to participate in discovery is more than a suggestion.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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