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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100453
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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hello again. I need some additional input concerning how best

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hello again. I need some additional input concerning how best to proceed. hopefully you have our previous conversations available for reference. I am acting pro se for my case and do not have some needed experience in court procedures.

Defendant has chosen not to respond to or complete the court ordered ADR. Therefore I am filing a motion for sanctions. Under the sanctions, I am asking the court to render a judgment by default against the disobedient party, which I believe is allowed under SCRCP Rule 37(b)(2)(c). SC ADR Rule 10(b) says any sanctions under that rule can apply.
Questions:
1- Do you think that asking for a default judgement is correct, or whether the court might concur?
2- If so, do I need to attach settlement details to the motion for sanctions which identify the amounts I am seeking and the amount of legal costs I encured? The summons and complaint doc identify those issues but did not give the details for arriving at a figure. I am wondering if the court needs any numbers or calculations before rendering a default judgement, or if I just provide those later? In other words how and when do I present the actual settlement numbers?

thanks,
Ron
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

1- Do you think that asking for a default judgement is correct, or whether the court might concur?

The Court may concur with you that the other party has not responded or completed the court-ordered ADR, however, I am afraid that a "default judgment" is unlikely. Allow me to explain why - that option for the default judgment as part of sanctions punishment is really the last resort. This is only used if the party has not shown up, has been completely unprofessional, has ignored the Court, has created scenes at court, etc. In other words, default judgment is the ultimate way to punish a party, really. For failing to complete the ADR, default judgment is unlikely.

What is more likely is sanctions, including admonishment and fines, and an order to do what has to be done or else face further contempt, along with even imprisonment as punishment that time.

2- If so, do I need to attach settlement details to the motion for sanctions which identify the amounts I am seeking and the amount of legal costs I encured? The summons and complaint doc identify those issues but did not give the details for arriving at a figure. I am wondering if the court needs any numbers or calculations before rendering a default judgement, or if I just provide those later? In other words how and when do I present the actual settlement numbers?

Now what a party can do is always simply ask for default judgment "and in addition, or in the alternative, any and all other sanctions the Court feels are necessary under SCRCP Rule 37(b)." That way, the Court can decide whatever it wants to do.

At this moment, most parties choose not to present the actual numbers. Only if default judgment is received, then the Court will have the actual hearing for the amount.

I hope this helps and clarifies. Good luck.

Surely, you prefer that I tell the truth rather than what you wish to hear. Because it reflects very poorly on me unless you press one of the top three faces, keep this in mind when rating my and please do not punish me for being honest. I understand that this may not be easy to hear, and I empathize.

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Customer: replied 3 years ago.

thanks for the information...good reply.


one last question on this before I close.


I will be filing the motion for sanctions. Am I required to send a copy to the other party, or does the court do that? If I am required to do it, do I send a copy of the filed motion (stamped by court), or can it be a copy that isn't stamped as filed?


 


thanks...

R,

Thank you for your follow up.

one last question on this before I close.

Hey, no worries, friend. This is why I am here.

I will be filing the motion for sanctions. Am I required to send a copy to the other party, or does the court do that? If I am required to do it, do I send a copy of the filed motion (stamped by court), or can it be a copy that isn't stamped as filed?

Yes, one is required to serve notice of the motion to the other party - the MOVANT (the party filing) does this, not the Court. This is done via certified letter, return receipt requested.

One can send a copy that is not filed, as long as it is identical to the filed copy in every way. This is usually not an issue.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
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