Thank you for your question. The motion to compel must set forth the deficiency with the documents. If the deficiency is that they were not received, the court may not be inclined to hearing the motion if a new deficiency now exists. Much of whether you can proceed on the previous motion will depend on whether the motion that is currently on the court's calendar deals with the current situation. To the extent that it does not, you may be in a situation wherein you either dismiss and refile a more fitting motion or you ask the court for a continuance giving you a chance to amend your motion to fit the current circumstances.
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