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Lawgirl, Lawyer
Category: Legal
Satisfied Customers: 4606
Experience:  I am an attorney familiar with the above-stated subject matter.
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So I have a hearing schedule for a motion to compel interrogatories

Customer Question

So I have a hearing schedule for a motion to compel interrogatories and discovery documents. The petitioner has finally sent over the information. However it is not with the requested documents and some of the interrogatories are answered in a manner that are not true. Should i vacate the hearing sent they finally sent something over? or should i keep the hearing and address what was not included in their response? If i have to vacate and handle this differently I will. But since the issues are involved with the motion to compel I like to know if i can use the hearing to address these issues.
Submitted: 5 years ago.
Category: Legal
Expert:  Lawgirl replied 5 years ago.

Lawgirl :

Thank you for your question. The motion to compel must set forth the deficiency with the documents. If the deficiency is that they were not received, the court may not be inclined to hearing the motion if a new deficiency now exists. Much of whether you can proceed on the previous motion will depend on whether the motion that is currently on the court's calendar deals with the current situation. To the extent that it does not, you may be in a situation wherein you either dismiss and refile a more fitting motion or you ask the court for a continuance giving you a chance to amend your motion to fit the current circumstances.

Customer : I have a hearing on the 8th because they refused to get me the discovery and interrogatories. They finally got me the paperwork. However I asked for financial information that they did not turn over. Should or can i use the hearing on the 8th to get them to give me what i asked for and to get clarification on other questions?
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Customer: replied 5 years ago.
Relist: Incomplete answer.
I need to know if i need to vacate the hearing. Or if i can use the motion to compel to address the issues with the answers that were sent in their response. I didnt get the amount of financial information I asked for and need.
Expert:  Lawgirl replied 5 years ago.
Without knowledge of what was pled in the motion and seeing the discovery responses, I have no way of being able to determine whether you can use the upcoming hearing to address the deficiencies in the discovery responses.

It may behoove you to attend the hearing and see what the court is inclined to do. To the extent the motion covers the failure to produce documents but not documents are received, the court may order you to file a new motion. To the extent that the court feels the other side is playing games, the court may be inclined to overlook what is covered in your motion and order the other side to produce more comprehensive responses.

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