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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am in the late stages of a discovery. I have sent the plattiff bank the production of d

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I am in the late stages of a discovery. I have sent the plattiff bank the production of docs. The notice to admitt, interrogatories and the notice of admissions. I such I have requested that they be answered by someone within the bank with firsthand knowledge. So far, all answered I received were by the bank's attorney. This is a foreclosure action. So far the actions of this bank has been totally bias. My oounsel told me this is good, we can get this case thrown out and opposing counsel sanctioned. Is this true?

Thank you for your question.

Generally, the opposing party is supposed to answer the discovery sent to it with the assistance of its attorney. If the attorney answers the discovery requests for his client without consulting the client for the actual information, this could result in sanctions against the attorney and potentially result in dismissal of the case against you. However, getting a case "thrown out" based on this type of discovery violation is rare. Your attorney may be telling you that based on the answers that the other side provided, you will be able to get the case dismissed through a summary judgment motion.

Nevertheless, getting cases dismissed is generally pretty hard. So, you shouldn't count that egg until it hatches.

Please let me know if you have further questions regarding this matter, or if there is some other issue you want to explore on this subject.

Best Regards,
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