More often, courts are now awarding attorneys’ fees and costs to opposing counsel who must bring motions to compel answers to interrogatories and other discovery related matters where there have been unreasonable delays and reluctance of lawyers to provide the opposing party with the requested discovery under the applicable Rules.
Before bringing a motion, try to resolve and stipulate with opposing counsel about the matter in controversy. Courts are most reluctant to hear frivolous and unnecessary motions. Therefore, don’t schedule the motion unless it is necessary for the preparation of your case.
When the motion is other than for routine matters (i.e. motion to compel answers to interrogatories, etc.), you should provide the court with a brief and concise legal memorandum in support of your motion (i.e. motion for Summary Judgment).
Make sure to serve and file your motion pleadings well in advance of the scheduled motion so that the court may have the opportunity to consider and review your motion and legal memorandum of law in support of the motion. Be sure to check your local Rules of practice for the procedural requirements involved in bringing a motion. For this purpose, your best source of information probably would be the assignment clerk who schedules the special term motion matters for hearing.
In anticipation of your motion being granted, prepare a proposed order for the judge to sign at the special term hearing. It saves everybody a great deal of time and effort if you can bring on all motion matters relating to your case at the same time.