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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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how soon do i file a motion to compel answers to interrogatories

Resolved Question:

how soon do i file a motion to compel answers to interrogatories when opposing counsel has set our court hearing date before the 30 days is up to answer interrogatories
Submitted: 2 years ago.
Category: Legal
Expert:  Dave Kennett replied 2 years ago.
DearCustomer- My suggestion is that you file a motion to continue the hearing date so that there is time for discovery. You can't file the motion to compel until the 30 days is up and obviously the hearing is prior to that time. The attorney does not set the court dates as those are set by the court or the assignment office for the court. Whenever there are attorneys on both sides they generally agree on a date but when one party is pro se sometimes the date is simply set without a scheduling conference.You have a right to your discovery so you need to file a motion to continue the court date until the outstanding request for discovery has been answered. Either the date should be continued or the attorney should produce the discovery.
Customer: replied 2 years ago.

dave,

thanks for the help. they are taking advantage of the fact i am pro se. This is the third time that they haven't responded to discovery issues.....along with this motion can i include contempt for abuse of discovery. I was on a conference call with the clerk and oposing counsel was standing beside her. i was asking about the 30 days and the clerk said that the date would allow for that...it is short by two days and i didn't have a calendar in front of me.

 

opposing counsel is trained in all of this. he knew what he was doing

Expert:  Dave Kennett replied 2 years ago.
This is a common problem. A court date should never be set so close to the discovery due date since even if it were submitted you wouldn't have time to review the material. So long as the other attorney has broken no rules you might as well forget the "abuse of discovery" idea. You need to file the motion to continue and base it on the mistake by the clerk, not you, of setting a date prior to the discovery due date. If the judge refuses to continue the case you would have to use this as a basis for an appeal. The rules of civil procedure can be quite complicated and whenever an attorney is in a case against a pro se litigant the attorney always has the advantage in the technical aspects of the case, regardless of the evidence. It's no different than any other profession except law is one of the few areas where the public attempts to "do it yourself" rather than hiring a professional. I don't have a solution to that problem so all you can do is try to get the judge to continue the case until the discovery is complete. Some judges are sympathetic to pro se litigants and others are not so it may depend on that factor as well.
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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