Texas Court Reporter Practice Exam

What is a motion to compel used for in legal proceedings?

1. To require a party to provide a defense

2. To request the court to provide a ruling

3. To compel the opposing party to perform an act such as answering interrogatories

4. To submit evidence to the court for review

The correct answer is: To compel the opposing party to perform an act such as answering interrogatories

A motion to compel is utilized in legal proceedings primarily to ensure that one party complies with certain discovery obligations. This is particularly relevant when one party believes the opposing party is either withholding information or has failed to respond adequately to discovery requests, such as interrogatories, requests for production of documents, or depositions. By filing a motion to compel, the requesting party seeks a judicial order that obligates the opposing party to fulfill their obligations and provide the requested information. In this context, the focus of the motion to compel is on obtaining necessary information that is essential for building a case or preparing for trial. The court's role in this process is to evaluate whether the request is justified and if so, to mandate compliance from the party that has not fulfilled its discovery duties. This mechanism ensures that the discovery process is fair and that all parties have access to the evidence they need to effectively argue their case.