In a civil case in Arizona how do I the judge to stop discovery time period immediately? There are a: MSJ & Oral agruments scheduled already to preclude evidence. I want the Discovery over - please advise. THX
Country relating to Question: United StatesState (if USA): ArizonaWhat have you tried so far?: justanswer.com
Has the discovery period set by the judge ended and the other party keeps trying to seek more discovery?
Hi again. I have no idea what the "Discovery period" is HOWEVER, to date all back & forths per Rule 26.1 have been accomplished. I requested nspection & copying of docs NOT produced that may be used at trial. Rec's answer, nothing available. Then, MSJ was filed. I filed Motions to Preclude evidence. Wouldn't it be appropriate to end Discovery since both sides are preparing for Oral Arguments & MSJ has been filed?
The judge sets a schedule in a case at the scheduling conference. Discovery should be in the scheduling order and you need to look at that. You did the right thing by motioning the court to exclude any evidence not produced in discovery to date. However, you have to look at your scheduling order for the dates by which discovery was supposed to end.
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I have no schedule whatsoever for the case. Normal to receive one?
I have not Motioned to exclude evidence not disclosed to date - I will now. I motioned to preclude their existing evidence for all the correct reasons. So now I'll do the one you just recommended and I thank-YOU!
Yes, it is typical to have a scheduling order in Federal Court and you need to check the court file to see if the court entered one. If not and you have asked for discovery and it has not been supplied, then you would move to exclude any evidence the other party refers to that they did not produce in response to your request for discovery. If they do not introduce anything other than what they have already produced, then there is nothing the court would exclude as long as they produced it to you prior to using it in their motion.In the MSJ, you would file an objection to the MSJ if not all discovery is complete and argue there are more material issues in dispute and not all of the evidence is in as discovery has never been completed and as such the MSJ is premature.
I am having so much fun in this case. It's civil vs Federal but I'll look it up. The last piece of evidence was mailed the same day as the MSJ. I really don't care about any more evidence being submitted except IF they make it up (very possible) my strategy is to have at lease three pieces of their evidence precluded hence their standing disappears. Merely thinking they'll make up new evidence BUT you've just taught me 'tis too late for them nonetheless.
If they did not turn over any evidence to you upon your discovery request, then you can seek to have that particular evidence excluded as a penalty for them not turning it over to you.
Sounds "fair" thank-you so very much for your KNOWLEDGE.
They withheld from Non-Uniform Interrogaries _ said it was attached _ wasn't - requested it - got it same day as MSJ - no issue for me as it'll be simple to argue as evidence to be precluded.
If that is the case, then you need to ask that particular evidence be excluded. You do that by filing a motion to quash and exclude that evidence for their failure to produce it in response to your valid discovery request.
I could BUT they were still in response time period - not a winning issue. It's actually better for me 'cause what they claim it to be it is not EG: a generic Bill of Sale w/no exhibits is now THE Assignment. I don't think so... I am okay fight big stuff but what you are recommending (thank-you) they'd get leeway such as "ooopppss we forgot to include it BUT did send it upon request". The judge would rule in their favor, I think!
Ahh, my misunderstanding, I thought they did not send it upon your request. If they claim error and did send it on request you are correct in your assessment that the judge is likely to allow it.
Have a lovely evening & thank-you! I am going to file on Monday to exclude any evidence not produced in Discovery to DATE that MSJ filed! :)
Good luck with this.
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