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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31019
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Time for Response to Motion to Compel? Respondent in my

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Time for Response to Motion to Compel?

Respondent in my family court case has filed a Motion to Compel for business records, which she admits in her Motion that she didn't actually ask for prior to filing the Motion.

There is no subpoena, no interrogatory, nothing to compel - no hearing has been schedule or will likely be scheduled.

She filed her Motion on May 3rd but didn't mail to me until May 6th - what is the last possible day I can file a response?
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. If there has been no request for the documentation, then there would be legal basis for a motion to compel. You may want to consider filing a motion to quash the motion to compel. Under Rule 35, you have 10 days from the date you receive the document, but if you can respond earlier, that's best. Here's a link to the rule: http://www.arizonafamilylawrules.com/code-2/index.html
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