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Except as otherwise provided by law, any party requesting a rule to show cause for a violation of a court order in any civil action in a court of record shall file with the court a motion or petition, which may be on a form prescribed by the Office of the Executive Secretary of the Supreme Court of Virginia.

If a court does order a party to respond to a request for discovery in response to a motion to compel and the party disobeys the order, it can lead to consequences such as another, more serious court order, fines or fees or other procedural rulings that may even affect the outcome of a case.

For example, Rule of the Rules of Supreme Court of Virginia states that the party filing the motion to compel must include a certification that it ?has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action.?

In any criminal case a subpoena duces tecum may be issued by the attorney of record who is an active member of the Virginia State Bar at the time of issuance, as an officer of the court.

We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.

A motion to compel discovery is a motion where attorneys ask the court to sign an order that requires the government to give discovery to the defense. It is the most common way that defense attorneys get discovery in criminal cases.