I originally filed a small claims suit again my former "employer" for unpaid commissions (I was a 1099 sub contractor sales agent). Their Answer was from their attorney who moved to change venue to Civil Court; I am representing myself. I did try to hire an attorney but was told it would cost more to litigate than I'm suing for so I should pursue it on my own. I have already submitted a Request for Documents which has not been received back yet. The Disclosure Statement, which was due to be exchanged within 40 days of the Answer, was due in this past Sunday on 7/29. It is now 7/31 and I still haven't received it. I plan to file a Motion to Compel tomorrow however I would like them to be punished for not abiding by the rules. Can I file some type of Motion for Sanctions or a Motion to Stay Further Discovery by the Defendant by not sending teh Disclosure Statement on time? I am certain this was planned intentionally. The questions that the Motion To ______ Form asks are 1) I would like the court to____ ; Statement of Facts _____ ; Legal Support _____ ; Conclusion ____ . I know what to fill in for the first two questions but do not know what to answer for the second two question on both the Motion to Compel or another motion I can file for "punishment." Can you please assist me with what Motion I can file for "punishment," if any, and what to fill in for items 3 and 4 for that Motion and for Motion to Compel?
Country relating to Question: United States
State (if USA): Arizona
Hiring my own attorney, contacting the court and Googling information. I'm just looking for some procedural help but am having a hard time getting it.
Welcome and thank you for your question!Fortunately, you do not have to file a separate motion to punish. Rather, simply file your motion to compel and, at the end of your motion, include a request that the Defendant be sanctioned by the court for intentionally ignoring its mandatory obligations which necessitated the filing of this motion.In other words, in your prayer for relief at the end of your motion to compel, you also ask the court to sanction the defendant.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Reply tab. If you are satisfied that I have answered your question, then please rate the answer with “excellent service” so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY tab. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Assisting employees and employers for over 14 years.
Thank you for the good news. In the Motion to Compel form, what do I put down under the Line items "Legal Support" and "Conclusion?"
You would cite the court rule that requires the defendant to answer the request for documents, disclosure statement, and which allows the court to sanction in the event of non-compliance.For conclusion, you summarize that you want a court order compelling the defendant to answer X, Y, and Z and you want the court to sanction the defendant for its past non-compliance.What are your options now?If you wish to continue this conversation, click on the Reply tab. If you are satisfied that I have answered your question, then please rate the answer with “excellent service” so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY tab. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
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