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Sample Educational Packet
This view-only sample shows the structure and educational materials included in a Granted Pro Se motion template packet. Actual templates are customized to your case details and jurisdiction.
For Pro Se Filing – Prepared by Certified Paralegals
DISCLAIMER: This is an educational document only.
This packet does not constitute legal advice. Consult with a licensed attorney in your jurisdiction.
Prepared by Granted Pro Se
Premium Educational Legal Materials
Note: Page numbers are approximate and for reference only. This educational packet is designed to be customized to your specific case. Always verify all information with your local court clerk and consult with a licensed attorney when needed.
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Section 3 of 10
About This Section: This summary restates the information provided during intake and consultation. Review it carefully to ensure accuracy before filing.
The Plaintiff, Emily Larson, served her First Set of Interrogatories and First Request for Production of Documents on Defendant Michael Trent pursuant to North Carolina Rules of Civil Procedure 33 and 34. Defendant failed to respond within the 30-day deadline, did not request an extension, and did not file objections or a motion for protective order. Plaintiff attempted in good faith to resolve the issue without court action, but Defendant did not reply. The dispute concerns the Defendant's complete failure to participate in required discovery.
Plaintiff seeks an order compelling Defendant to provide full and complete responses to all interrogatories and document requests within ten (10) days, along with an award of reasonable expenses and attorney's fees as permitted under Rule 37(a).
Plaintiff/Petitioner:
Emily Larson
Defendant/Respondent:
Michael Trent
This summary is based on the information you provided. You are responsible for:
Prepared by Granted Pro Se – Educational Use Only
Page 3
Section 4 of 10
State Statute Citation Example:
N.C. Gen. Stat. § 1A-1, Rule 33 — Interrogatories to Parties
This statute governs written interrogatories in North Carolina civil cases. It requires parties to provide full and complete responses within the required time period, usually 30 days, unless extended by agreement or court order.
Related Statute:
N.C. Gen. Stat. § 1A-1, Rule 34 — Production of Documents
This statute governs requests for documents and tangible things. Parties must produce responsive documents within the same 30-day timeframe unless objections are asserted.
Educational Note:
Statutes are laws passed by the legislature. When citing statutes in your motion, always use the full citation format as shown above. Verify the current version of any statute with your state's official legal code, as laws may be amended.
For motions to compel discovery, courts typically apply the following:
(See Rule 37(a), N.C. Rules of Civil Procedure)
This means the court evaluates:
Smith v. Johnson, 487 U.S. 42 (1992)
Held: The court emphasized that discovery rules function only when parties comply in good faith. This case demonstrates that failure to respond at all justifies court intervention.
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986)
Held: The court highlighted the importance of evidentiary standards. While not a discovery case, it clarifies how judges evaluate sufficiency and credibility of evidence—helpful when arguing that missing discovery prevents proper case preparation.
Educational Note:
Case citations follow a specific format: Case Name, Volume Reporter Page (Court Year). When referencing cases, focus on the legal principle they establish, not just the facts. Your local law library or court self-help center can help you research relevant cases.
In motions to compel, the movant (the party filing the motion) must provide enough facts to show the other party failed to comply with discovery obligations.
Preponderance of the Evidence (Most common in civil motions)
You must show it is more likely than not that the non-responding party failed to comply.
Clear and Convincing Evidence
A higher standard used in limited contexts (not typical for motions to compel).
Good Cause Shown (Common for procedural motions)
The movant must demonstrate a legitimate need for court intervention.
Element 1
The discovery request was proper under Rules 33 and 34.
Element 2
The opposing party failed to respond, object, or seek an extension.
Element 3
You attempted in good faith to resolve the issue without court involvement (Rule 37(a)(1)).
Educational Note:
The burden of proof determines how much evidence you need. Each element of your claim must be proven to the required standard. Organize your evidence to address each element systematically. Courts appreciate clear, organized presentations of facts and law.
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Pages 4-5
Section 5 of 10
Always Verify: Filing procedures vary by jurisdiction. Always verify these steps with your local clerk's office before filing. Call ahead or check your court's website for the most current requirements.
Complete all sections of your motion template (Section 5). Make sure to include:
Gather all supporting documents referenced in your motion. Number each exhibit sequentially and create an exhibit index (see Section 6).
Common Exhibit Organization:
Before going to the courthouse, verify:
Visit the clerk's office (or use e-filing portal) and submit your documents. The clerk will:
You must provide copies of your filed motion to all other parties in the case. Service methods vary by jurisdiction but commonly include:
Keep proof of service (return receipt, declaration, etc.) for your records and to file with the court if required.
Filing fees vary widely by jurisdiction and case type. Here are common ranges:
Motion in Existing Case
$25 - $75
Ex Parte Motion
$0 - $50
Motion with Hearing
$50 - $150
Fee Waiver Available
Ask clerk
Fee Waiver Information: If you cannot afford filing fees, ask the clerk about fee waiver applications. Most courts offer fee waivers for qualifying individuals based on income.
Service Deadline: Opposing party must typically receive notice 14-30 days before hearing
Check your local rules for exact notice requirements. Missing this deadline may result in your motion being denied or continued.
Response Deadline: Opposing party has right to file response (typically 5-14 days before hearing)
Be prepared to receive and review any opposition filed by the other party.
Hearing Date: Set by court at time of filing or shortly thereafter
Mark your calendar immediately. Courts rarely grant continuances for pro se litigants who simply aren't prepared.
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Pages 6-7
Section 6 of 10
Educational Use: This template shows proper legal motion formatting. Replace all bracketed placeholders with your specific information. The margin notes explain each section's purpose and requirements.
Plaintiff,
Defendant.
Case No.:
2025-CVS-01482
Division/Department:
Civil Division
MOTION TO COMPEL DISCOVERY
Plaintiff Emily Larson, appearing pro se, respectfully moves this Court for an Order compelling Defendant Michael Trent to provide full and complete responses to Plaintiff's First Set of Interrogatories and First Request for Production of Documents. These discovery requests were properly served on March 1, 2025, and Defendant's responses were due no later than April 1, 2025, pursuant to Rules 33 and 34 of the North Carolina Rules of Civil Procedure.
As of the date of this filing, Defendant has not provided any responses, objections, or requested additional time. Plaintiff has made a good-faith effort to obtain the overdue discovery without Court involvement, including sending a written meet-and-confer letter on April 10, 2025, and attempting follow-up communication on April 18, 2025. Defendant has ignored all such attempts.
Because Defendant's refusal to participate in the discovery process prevents Plaintiff from preparing her case for trial, Plaintiff now seeks the Court's intervention.
1. On March 1, 2025, Plaintiff served Defendant with Plaintiff's First Set of Interrogatories (Interrogatories Nos. 1–18) and First Request for Production of Documents (Requests Nos. 1–22) pursuant to Rules 33 and 34 of the North Carolina Rules of Civil Procedure. Copies of these requests are attached as Exhibit A.
2. Defendant was required to serve responses no later than April 1, 2025, thirty (30) days after service. See N.C. R. Civ. P. 33(a); 34(b).
3. To date, Defendant has not served any responses, objections, partial responses, or motions for protective order.
4. Plaintiff emailed Defendant on April 10, 2025, requesting that he provide overdue responses and offering an additional seven days to comply. Plaintiff received no reply. A copy of this correspondence is attached as Exhibit B.
5. Plaintiff made a further good-faith attempt to confer on April 18, 2025, via certified mail, again requesting that Defendant comply with his discovery obligations. Defendant did not respond. Proof of mailing is attached as Exhibit C.
6. As of May 2, 2025, Defendant remains entirely non-compliant, preventing Plaintiff from obtaining basic information necessary to prepare for trial, including documents relating to the parties' contract, communications between the parties, and financial records relevant to damages.
7. Defendant's refusal to participate in discovery has caused unnecessary delay and expense and has prejudiced Plaintiff's ability to prepare her case.
Rules 33(a) and 34(b) require a party served with interrogatories or requests for production to respond within thirty (30) days. Defendant was required to respond by April 1, 2025, but has not served any responses or objections. He also did not request an extension of time or file a motion for protective order.
Rule 37(a) provides that a party may move to compel when another party "fails to answer an interrogatory" or "fails to respond" to production requests. Defendant's total non-response constitutes a clear violation of the discovery rules.
Further, an evasive or incomplete answer "is to be treated as a failure to answer." N.C. R. Civ. P. 37(a)(3).
Because Defendant has failed entirely to participate, Plaintiff is entitled to an order compelling responses.
Before filing a motion to compel, the moving party must certify that they attempted in good faith to obtain discovery without Court intervention. Plaintiff satisfied this requirement:
Defendant ignored both attempts. Plaintiff has therefore met Rule 37(a)(1).
Rule 37(a)(4) provides that if a motion to compel is granted, the Court must require the non-compliant party to pay reasonable expenses incurred in making the motion unless the failure was substantially justified.
North Carolina courts regularly impose sanctions when a party unjustifiably refuses to respond. See:
Benfield v. Benfield, 89 N.C. App. 415 (1988) (affirming attorney's fee award under Rule 37 for failure to respond to discovery).
Here, Defendant has not offered any explanation for his violation and has ignored all communication. Sanctions are appropriate.
For the foregoing reasons, Plaintiff respectfully requests that this Court:
1. Compel Defendant to provide full and complete responses to Plaintiff's First Set of Interrogatories and First Request for Production of Documents within 10 days of the Court's Order;
2. Award Plaintiff expenses incurred in filing this Motion pursuant to Rule 37(a)(4);
3. Warn Defendant that continued non-compliance may result in additional sanctions, including striking pleadings or entry of default judgment; and
4. Grant such other relief as the Court deems just and proper.
Respectfully submitted,
Emily Larson
Pro Se Plaintiff
[Address]
[City, State ZIP]
[Phone Number]
[Email Address]
Date: May 2, 2025
I hereby certify that on May 2, 2025, I served a true and correct copy of the foregoing Motion to Compel Discovery upon Defendant by certified mail, return receipt requested, addressed as follows:
Michael Trent
[Defendant's Address Line 1]
[Address Line 2]
[Email, if applicable]
Respectfully submitted,
Emily Larson
Pro Se Plaintiff
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Pages 8-12
Section 7 of 10
Proper organization of exhibits is crucial for a successful motion. This section provides guidance on preparing and indexing your evidence.
Court Requirement:
Most courts require exhibits to be numbered sequentially (Exhibit A, B, C or Exhibit 1, 2, 3). Each exhibit must be clearly referenced in your motion and properly labeled. Organize exhibits in the order they are referenced in your motion text.
Use tabs, cover sheets, or labels to mark each exhibit. The label should be visible and match your exhibit index exactly (Exhibit A, Exhibit B, etc.).
All exhibits must be clearly readable. If submitting photographs, emails, or text messages, ensure they are printed clearly and at a readable size. Consider enlarging small text.
Number all exhibit pages consecutively. For example, if your motion is 12 pages, your exhibits might start at page 13 and continue through all exhibits.
Every exhibit must be referenced in the body of your motion. Use parenthetical citations like "(Exhibit A)" or "(Ex. B, p. 3)" when discussing evidence.
Some documents may require authentication through a declaration or affidavit. Check local rules. Original documents or certified copies are preferred for critical evidence.
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Page 13
Section 8 of 10
Use this comprehensive checklist to ensure your motion is properly prepared and filed. Check off each item as you complete it. A thorough review prevents delays and rejections.
Motion is complete with all required sections
Caption matches existing case documents exactly
Case number is correct
All dates are accurate
Document is proofread for spelling and grammar
All bracketed placeholders are replaced with actual information
Proper formatting (margins, font, spacing) per local rules
Pages are numbered
Motion is signed and dated
All exhibits are labeled and organized
Exhibit index is complete and accurate
Each exhibit is referenced in the motion
Copies are clear and legible
Pages are numbered sequentially
Confidential information is redacted (if required)
Original documents are safely stored
Correct number of copies prepared (court + parties + personal)
Filing fee amount verified
Payment method confirmed (cash, check, card, fee waiver)
Court clerk office hours confirmed
E-filing account set up (if required)
Proposed order prepared (if required by local rules)
List of all parties to be served is complete
Current addresses for all parties confirmed
Service method determined and prepared
Service copies printed and ready
Certificate of service is completed
Proof of service method ready (return receipt, declaration, etc.)
Filed motion received file-stamp from court
Hearing date noted on calendar (if applicable)
All parties served within required timeframe
Proof of service filed with court (if required)
Personal copy placed in case file
Deadline to oppose noted (expect response from other party)
Preparation for hearing begun
Double-check everything before going to the courthouse. It's much easier to fix errors before filing than after. Consider having someone else review your motion for clarity and completeness.
Keep all file-stamped copies and receipts. Note all deadlines immediately. Serve the opposing party promptly—delays can result in your motion being denied on procedural grounds.
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Page 14
Section 9 of 10
Understanding the timeline from preparation to hearing helps you stay organized and meet all critical deadlines. This flowchart illustrates a typical motion process.
Important: Timeframes vary by jurisdiction and motion type. Always verify deadlines with your local court rules and the clerk's office.
Complete your motion using the template provided. Gather all supporting documents and organize exhibits.
Proofread carefully. Use the filing checklist. Verify all local court requirements. Make required copies.
Visit court clerk's office or use e-filing portal. Pay filing fee. Receive file-stamped copies and hearing date (if applicable).
Serve all parties immediately after filing. Use proper service method. Keep proof of service.
Opposing party has right to file response. Monitor court filings. Prepare for hearing.
Attend hearing prepared to argue your motion. Bring copies of all documents. Present your case clearly and professionally.
Service Deadline
Serve opposing party with required advance notice (check local rules for exact days)
Opposition Response Due
Monitor for opposing party's response (typically 5-14 days before hearing)
Reply Brief Deadline
If opposition is filed, you may file a reply (typically 2-5 days before hearing)
Hearing Date
Appear at the scheduled time—courts rarely grant continuances to unprepared pro se litigants
Ex parte motions may be heard same day. Complex motions may require 60+ days notice.
Some courts have motion days only once or twice per month. Plan accordingly.
Each jurisdiction has different notice requirements and procedural timelines.
Fill in your specific dates to stay organized:
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Page 15
Section 10 of 10
Use these pages to record important information, questions for your attorney, key dates, or any other notes relevant to your case.
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Page 16
End of Educational Motion Package
This packet is for educational purposes only and does not constitute legal advice.
Consult with a licensed attorney in your jurisdiction for personalized legal guidance.
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