Form 21 - Motion to Compel under Section 37

Current with legislation signed by the governor on or before 3/6/2024

Form 21 - Motion to Compel under Section 37

[Movant], pursuant to SDCL 15-6-37(a), respectfully moves the Court for an order compelling [opposing party] to [specific relief sought]. The Court should enter the requested order because:

1. The discovery was properly served;

2. [Opposing party] has failed to respond to the discovery;

3. Counsel for [movant] certifies that he has, in good faith, conferred or attempted to confer with [opposing party] in an effort to secure the information or material without court action;

all as set forth in the accompanying Brief in Support of [movant]'s Motion to Compel Discovery.

Attach the following certification:

Certification of Good Faith Efforts to Resolve

Counsel for [movant] hereby certifies, pursuant to SDCL 15-6-37(a)(2), that counsel attempted, in good faith, to resolve this discovery dispute without involving the Court.

On [date], the undersigned communicated to [opposing party] that [opposing party's] responses to outstanding discovery requests were inadequate because [explain what you believe you are entitled to.]

[list each successive communication, including:

a. who participated,

b. the date, and, if relevant, the time of each communication, and

c. the manner of each communication.]

Summarize the outcome of these communications, identifying the substantive dispute that has stalemated the parties' discussions, and which the Court must resolve.

SD RCP, Form 21; SL 2023, ch 215(Supreme Court Rule 22-14), eff. Jan. 1, 2023.

Amended eff. 1/1/2023.