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JackJD
JackJD, Lawyer
Category: Family Law
Satisfied Customers: 503
Experience:  I've been in practice for 30+ years, concentrating in family and employment law. I enjoy helping people.
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I am the plaintiff. I sent my interrogatories to the defendant

Resolved Question:

I am the plaintiff. I sent my interrogatories to the defendant on October 19, before our scheduling conference. We held the conference on November 16. I did not resend the interrogatories. The Defendant failed to respond by the deadline of June 1. Defendant also failed to submit any discovery questions to me.
I complied with the rules and inquired to him regarding if he was going to comply. The defendant said he would but three weeks later, still hadn't. He also said that he would be requiring me to submit to depositions. I politely stated that since he hadn't filed his discovery request before the deadline, I was declining the deposition.
I then filed a Motion to Compel. The defendant objected saying that I didn't renew or re-submit my discovery after the Rule 26 conference. How do I respond to that? Also, defendant now claims that I have refused to voluntarily appear and provide my sworn testimony to him and therefore my motion should be denied. How do I respond to that?
I don't understand this objection he makes: That defendant opposes Plaintiff's Motion to Compel discovery as being untimely, having been filed June 19, 2012, after the expiration of the agreed upon discovery cutoff date of June 1, 2012. This paragraph makes no sense to me.
Thanks for your help.
Submitted: 2 years ago.
Category: Family Law
Expert:  JackJD replied 2 years ago.

JackJD :

Hello, my name is XXXXX XXXXX I'll be answering your questions.

First of all, I need to say that judges, as a general rule, hate it when parties play games with discovery.

JackJD :

Second, it seems to me as if you have figured out the rules correctly. At the time of the scheduling conference, the interrogatories weren't yet overdue, so why should they have been discussed?
Further, your refusal to submit to a deposition after the deadline should have no bearing on the other party's refusal to answer timely interrogatories.

JackJD :

What it looks like to me, is that this attorney is attempting to 'baffle with bulls**t,' in order to switch around the order in which things get done ... and do the deposition _before_ answering the interrogatories, when the rules clearly make it that he's second, not first.

Your motion to compel is not untimely, since the deadline refers to the actual discovery (the interrogatories) not the motion to compel.

JackJD :

All in all, my suggestion is, when you are getting this kind of run around, you need to get the other party in front of a judge, where it wouldn't work so well. Look carefully at the rules, there may be a requirement to 'confer in good faith' before you see the judge,

JackJD :

Have I answered your question completely, or do you have a follow up?

JackJD, Lawyer
Category: Family Law
Satisfied Customers: 503
Experience: I've been in practice for 30+ years, concentrating in family and employment law. I enjoy helping people.
JackJD and 5 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Jack, thank you for your response. Is it customary to respond to the defendant's objections, or should I just stand on my Motion to Compel's merits and set it for hearing?
Curiously, the defendant has not asked for an extention of time.
Do judges normally rule on this type of Motion without a hearing?
I have other questions pertaining to this case; if you are interested an answering, let me know if you would like me to pose them to you directly.
Expert:  JackJD replied 2 years ago.
You don't need to reply to his 'objection,' but can go directly to hearing.
Typically, a judge will rule on this motion without a 'hearing,' in the sense of taking testimony. But it varies from court to court whether there will be a conference in the courtroom, in chambers, or a telephone conference, or even just an order without any further contact.
Yes, I am certainly interested in answering any further questions you may have; you can send them to me directly. Just remember that I am not always on line, so have patience; I will certainly get back to you promptly.
JackJD, Lawyer
Category: Family Law
Satisfied Customers: 503
Experience: I've been in practice for 30+ years, concentrating in family and employment law. I enjoy helping people.
JackJD and 5 other Family Law Specialists are ready to help you

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