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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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After and appeal, which was from an SMJ, and before pre trial,

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After and appeal, which was from an SMJ, and before pre trial, can I request admissions, interroggatories, - or do I have to file a motion?

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When a case is sent back to the trial court following appeal, the case proceeds as if the original judgment had not happened. The trial court often issues a pre-trial order letting people know about things like scheduling. It may be worth checking with the clerk. Otherwise, the parties should be able to continue discovery if the discovery deadline had not yet passed in the original case. The only reason to file a Motion would be if the opposing party did not respond to the discovery within the required time frame.

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Customer: replied 4 years ago.

The SMJ came five months before the trial was scheduled. I have filed motions to compel discovery because they had not complied. The judge threw those out with the SMJ. The 'pre'trial is in a month at which time he will give us a trial date. However, there are many more questions I have.

Thank you for clarifying that.

If you propounded discovery on the other party before, it was ignored, and your motion to compel was denied because of the SJ, now that the SJ has been vacated, you can file a Motion for Reconsideration of Motion(s) to Compel, asking the judge to take another look at the situation.
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