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Ray
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In a civil case, when the opposing party fails to comply with

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In a civil case, when the opposing party fails to comply with a motion to compel, what is the recourse? A renewed motion to compel, motion for sanctions, or other?

Thanks

RayAnswers :

Thanks for your question and good evening.My sympathy here for your dilemma.

RayAnswers :

Your next remedy here would be to file for a motion to dismiss and/or sanctions.

Customer:

So if it's just part of the evidence in a defamation case, I can ask for dismissal?

RayAnswers :

The court may decide here to dismiss the case entirely or grant other sanctions including limiting evidence or prohibiting it as well.You would seek file your motion and seek to have the matter heard here by the court.

RayAnswers :

Yes you can here when a court has granted a motion to compel, the party must obey the order. If a party refuses to obey the order, the court may sanction the refusing party by



  1. ruling that certain facts in the case will be viewed in favor of the requesting party and against the refusing party;

  2. preventing the refusing party from supporting or opposing certain claims or defenses in the case;

  3. entering judgment against the refusing party; and

  4. holding the refusing party in civil contempt. Through a contempt ruling, a court can order a party in jail until that party obeys the court's order.

RayAnswers :

So you can seek to have the case dismissed or other sanctions including costs and legal fees if you have a lawyer.

RayAnswers :

The courts usually have real low tolerance for parties that have defied the courts orders compelling discovery or production and the otehr side has not complied.

RayAnswers :

You definitely have remedies including dismissal of the case.

Customer:

For a motion for sanctioins, I would ask to be heard, or just file it?

RayAnswers :

You would file it and send cover letter asking that the matter be set for hearing.The court would not rule without response time for the other side and then a scheduled hearing on the merits.Since this is very serious the court would certainly schedule it for hearing in say a month.

RayAnswers :

Also it is possible here the other side tries to comply and provide what they have been ordered to provide.

RayAnswers :

Often this is a real wake up call to do so.

RayAnswers :

Either way it gets you the information you sought or the case dismissed both of which are good options for you.

RayAnswers :

I wish you the best here with your motion.

RayAnswers :

 


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This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.

Customer:

Great stuff Ray, thanks much

Ray and 3 other Legal Specialists are ready to help you
Thanks for the rating.If you have more questions later on please post for Ray I will be glad to help you.