Which of the following is NOT a dispositive motion?

• A. A motion to dispose of claims for affirmative relief
• B. To alter or disregard the jury's verdict
• C. To order a new trial
• D. A motion to compel discovery

Answer: (D)

In civil procedure, dispositive motions are those that can terminate all or part of a case or decide a claim on the merits without a full trial. Non-dispositive motions, by contrast, deal with procedural or discovery issues and do not decide the merits.

A motion to compel discovery fits the non-dispositive category because it forces production of information and does not resolve the case’s claims or merits. The other scenarios involve altering the case’s outcome or disposing of claims: a motion that disposes of claims for affirmative relief seeks a ruling on the merits to grant or deny relief; a motion to alter or disregard the jury’s verdict changes the outcome of the trial; and a motion to order a new trial ends the current trial result and restarts the proceedings. All of these can end or substantially alter the case, so they are considered dispositive.