- Read the motion to compel carefully. The plaintiff should have outlined what you did not do, when it was due, and how long you have to comply before it serves an order to show cause on you.
- Gather the documents required. You may have some in your possession and you may have to procure the documents from a third party. Make a copy of the documents that are in your possession. Never submit the originals. You won't get them back, in most cases. Request documents that exist but are not in your possession by phone or in writing. If you make the request by phone, document the date, time and who you spoke with. Document the amount of time that person told you that you should expect to receive the documents.
- Mail or hand deliver the documents to the plaintiff or his attorney. Include a cover letter stating which documents are in the package and which are not. For those documents that are not in the package, explain in the cover letter that you have contacted the third party --- name the party --- and when you expect to have the documents in your possession.
- It is best that you respond to discovery requests immediately, but if you do not, and get served with a motion to compel, provide the documents as soon as possible. If you procrastinate, the plaintiff will set a hearing that you will have to attend, and you will have to explain to the court why you have not produced the documents. If you still do not produce the documents, the court may enter an order to show cause, and you may be sanctioned --- fined --- for not providing the documents. By providing the documents as soon as you receive the motion to compel, you may be able to avoid the hearing on the motion to compel, thus saving you from having to take a day off from work.
If a hearing is already set, you may request that the plaintiff cancel the hearing if you produce the documents and show good faith that you are attempting to procure any documents that are not in your possession.
Review
Gather Documents
Mail or Hand Deliver Documents
Conclusion
Source...