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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117382
Experience:  Attorney experienced in commercial litigation.
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Q1. When creating a Motion , does it have to

Customer Question

Q1. When creating a Motion for Sanctions, does it have to have a memorandum of law and an affidavit with it? Q2. Ive tried looking at samples and some of the motions look like a memorandum, are the every combined? Also in Sanctions for discovery issues,
the statue sounds as though the opposing party was to provide to me Initial Disclosures without asking. As ProSe, I asked the attorney for them and he ignored me, I also asked for discovery conference and he ignored me. I hired an attorney and he finally got
them and its been almost 18 months to get them delivered. I noticed in the state statute regarding discover it states every request for discovery will be in writing so there seems to be a conflict whereas it says Initial Disclosure don't need to be requested
yet it then says discovery request have to be in writing. Q3. Is an Initial Disclosures not considered part of 'Discovery'? Thanks (e) Signing discovery requests, responses, and objections. Every disclosure, request for discovery, response to a request for
discovery and objection to a request for discovery shall be in writing and signed by at least one attorney of record or by the party if the party is not represented. The signature of the attorney or party is a certification under Rule 11. If a request or response
is not signed, the receiving party does not need to take any action with respect to it. If a certification is made in violation of the rule, the court, upon motion or upon its own initiative, may take any action authorized by Rule 11 or Rule 37(b)
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) Yes, all motions must be accompanies by a memorandum of law, which addresses the facts and issues in the case and the law that applies to the motion.
2) The motion and memorandum of law may be separate documents or they can be all in one titled "Motion and Memorandum for Sanctions."
Initial disclosures have to be provided by each party. If the other party did not provide them a motion to compel initial disclosure could have been filed.
Any other discovery you want, you have to ask for in writing with either 1) Interrogatories, 2) Request for Production, 3) Admissions or by 4) taking a deposition.
3) Initial disclosure is supposed to be automatic and should not be ignored. If they were ignored by the attorney a motion to compel, or now you had to hire an attorney to get them a Motion for Sanctions seeking the cost of the attorney you had to hire based on the attorney not providing you initial disclosures he was compelled to provide by the rules.