---
kind: "section"
citation: "43 C.F.R. § 4.118"
title: "43"
number: "4.118"
heading: "Motion to compel."
url: "https://uscodex.org/cfr/43/4.118"
---

# §4.118. Motion to compel.

- (a) **Motion.** Any party may file a motion with the ALJ requesting an order compelling disclosure or discovery. A motion must include:
  - (1) A copy of the discovery request;
  - (2) A copy of the response or objection or, if a copy is unavailable, a description of the response or objection;
  - (3) A concise statement of the facts and law supporting the motion to compel, including citations to any applicable legal authority; and
  - (4) A statement that the moving party has, prior to the filing of the motion, in good faith conferred or attempted to confer with the person, entity, or representative failing to make a disclosure or allow discovery.
- (b) **Response.** A response to a motion to compel must be filed within 14 days of the filing of the motion unless a longer or shorter time period is ordered by the ALJ and must contain a concise statement of the facts and law supporting the response, including citations to any applicable legal authority.
- (c) **Order.** The ALJ may issue an order granting or denying the motion, in whole or in part, and may issue any other appropriate order, including, but not limited to, a protective order or an order imposing curative measures. Curative measures include, but are not limited to, orders extending the discovery period, authorizing additional discovery, or directing a party to conduct an additional search of its records.

## Notes

### Source

Source: 90 FR 2395, Jan. 10, 2025, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.