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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 117375
Experience:  Attorney practicing all aspects of copyright/trademark law
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I am a defendant counterclaimant in an Arizona case. Disclosures

Customer Question

I am a defendant counterclaimant in an Arizona case. Disclosures are due May 18, 2015. I am ready with my disclosure statement including witness lists and my exhibits (35). The other side has never sent me anything on this case and I always buy copies from courthouse. I can't do that on disclosures. There is no communication (they are quite nasty people) and I do not want to put out my disclsoures which took hours to do and not receive any from them or not receive them in a timely manner. Should I hold mine to see if their's comes or just send them and if I do send them what advantage does that give them - can't they just then do disclosures to counter just what I submitted?
Submitted: 2 years ago.
Category: Intellectual Property 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.

You need to submit your disclosures as due, but if they are not submitting disclosures to you, then your next step is you need to file a motion to compel and force them into court to be ordered to disclose.

Furthermore, you need to disclose, because the courts hold that these cases are not to be meant to be trial by ambush, so file a motion to compel against the plaintiff while filing your disclosures since they have not filed their disclosures on time.

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