In a civil lawsuit, the plaintiff requests the defendant to produce certain electronic documents during the discovery phase. The defendant refuses, claiming that the request is overly broad and imposes an undue burden. What is the most appropriate action for the plaintiff to take to obtain these documents?
Request a protective order to limit the scope of the discovery
File a motion to compel the defendant to produce the requested documents
Proceed to trial without the contested documents
File for summary judgment based on the defendant's refusal
Filing a motion to compel is the appropriate action for the plaintiff. This motion asks the court to order the defendant to comply with the discovery request. Ignoring the refusal would leave the plaintiff without the needed documents, filing for summary judgment is premature before obtaining discovery, and requesting a protective order is typically sought by the party resisting the discovery, not the one seeking it.
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Multistate Bar Examination
Civil Procedure
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