Have Legal Questions? Ask a Lawyer Now.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).