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Erin M. JD
Erin M. JD, Family Law Attorney
Category: Family Law
Satisfied Customers: 137
Experience:  Practice Family Law in Texas
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What usually happens when an attorney presents a motion to

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What usually happens when an attorney presents a 'motion to compel' asking the opposing counsel to finally respond to a previous notice to produce & supplemental interrogatories? They have basically ignored these requests to this point, for over 3 months. The requests were made in response to a petition for me to pay her attorney fees my ex filed over a year ago. Wouldn't the judge typically issue an order demanding production? & along with sanctions for not complying?

Erin M. JD :

Hello! My name is XXXXX XXXXX I will be assisting you with this matter! Normally, the judge will make the other side produce the documents and interrogatories answers within a certain period, and, very likely, the judge will require the party not complying to pay attorney fees to the requesting side. He could sanction the party in any other way available for that court to sanction a party, as well.

Customer:

That's what I thought. We've been waiting a long time for them to comply, with no luck at all. The strange part is my attorney sent her jr. partner to court with our motion to compel the other day & is now telling me the judge simply told her that he'll hear her motion to compel, "next month" in court, along the other remaining issues. And this is after they asked for & got a continuance this past july, as they weren't prepared with her financial disclosure. This case has been dragging on for over 6 years, I was really hoping the judge would have actually done 'something' to compel the other side to respond.

Erin M. JD and other Family Law Specialists are ready to help you
Hello, Dan. How is your issue with the discovery production going?
Customer: replied 3 years ago.

The opposing counsel has forwarded my attorney a couple of documents, but not even half of what we've requested. My attorneys opinion is that if they don't finally comply, they probably won't get a hearing for their petition for fees.

That is probably correct. If they don't go in with "clean hands," the judge will probably not grant them any relief.
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