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Chris T., JD
Chris T., JD, Attorney
Category: Legal
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Experience:  Experienced in both state and federal court.
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I am a defendant in a small claims action. I issued a

Customer Question

I am a defendant in a small claims action. I issued a "Defendants Request for Production of Documents to Defendant" last November 2015, giving the plaintiff 30 days to respond. The plaintiff has not responded or provided any of the information requested. The appearance is scheduled fo Monday, January 11. How will the court proceed?
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

You should file a motion for contempt. If a litigant refuses to comply with discovery obligations, you can ask the judge to hold a "show cause" hearing at which the judge makes the person demonstrate why they didn't comply, and if the judge finds the person's reason insufficent, the judge can hold them in contempt. That can be something as simple as an official finding of contempt with no punishment, all the way up to a fine or jail time (although that's very unlikely if this is the first time it's happened in your case).

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