No. If the case is over, the defendant has no obligation to respond to these requests UNLESS the judge enters an order re-opening the case and then re-opens discovery. Because discovery has closed for this case, you can't make the defendant respond unless the court orders him/her to.
The other attorney is right. IF the judge re-opens the case on the 19th, the judge can then order that the interrogatories and requests for production be responded to.
No, it is on the docket for July 30 to be heard.
The initial filing and the original Request for Production was on June 7 when the case was put on the docket and re-opened. Do they owe me the answers to THIS original Request right now?
The July 19 date is when the Amended Request for Production is due.
The case is not re-opened UNTIL the judge enters an order re-opening the case. Filing a motion to re-open doesn't do it in and of itself.
If the case has been re-opened by court order, the original requests would be due now UNLESS the amended request contains the same questions as the original request plus new items. In this case, the amended requests re-started the time for all of the requests to be responded to.
The court did not order it re-opened. I did.
My ex-was under a Shared Support Agreement to have the children 90 overnights per year. She has breached this agreement way below the 90 day minimum.
There is also an issue about our pensions which needs to be re-done.
This case was originally filed in 2001 and finalized in 2002.
So, the judge agreed to put it on his docket for July 30.
Does this fall under the "re-opened" you are referring to?
You can't order the case to be re-opened - only the judge can.
The defendant is not obligated to do anything until the judge enters an order re-opening the case.
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