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i filed a motion to compel for a document of defendant with

i filed a motion to...

i filed a motion to compel for a document of defendant with an order to compel... do i wait for the court to decide/rule or do i mail a copy/ with order? in meantime to defendant? Will court mail me a decision either way...

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Answered in 4 minutes by:
8/26/2013
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Any time a document is filed with the court, a copy goes to the other party. He has a right to file an objection to the Motion to Compel. If neither of you requests a hearing, the clerk will enter the judge's decision on the docket and mail each party a copy. If the judge thinks that a hearing is required, he can schedule one (and would usually give his decision right there).

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq.
Lucy, Esq., Attorney
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Customer reply replied 4 years ago

ma'am on the same type ques. I have a subpoena to be issued to a 3rd person for a document also. if they fail to reply in time is the same process followed with the motion to compel them, giving them 10 more days.

If a person fails to comply with a subpeona, they can be held in contempt of court, which means that the judge can order them to pay fines, daily, until the documents are produced. In extreme cases, the judge can put a person in jail for not complying with a subpeona.
Lucy, Esq.
Lucy, Esq., Attorney
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Customer reply replied 4 years ago

the ques. still is do i need followup with the motion to compel giving them more time as i just did for the 1st ques. of defendant. or how would i get the judge to act? SEE i actually did serve it but i forgot the certificate of compliance also the notice to he other party...oops.they diidn't comply for 2 mos. now but i believe that subpoena invalid...right? so i will reissue it and have given notice to defendant for objection and also a waiver request. The ques. is they wouldn't have known of my mistake even though it is to a Co.'s legal dept. What reason for them to test the court if not for the compliance cert. I didn't mail.

I apologize for misunderstanding. A Motion to Compel is not necessary if a person receives a subpeona and does not respond. A subpeona is a court-order, so the next step is a Motion for Contempt of Court. That is filed with the court, then served on the other party and the third party. The judge will set a hearing. The person can then comply with the subpeona before the hearing date, or he can show up and explain to the judge why he ignored the order.

Contempt is an on-going thing. Every day that I ignore a lawful court order, I am in contempt of court. As long as it was properly served on the other party, a Motion for Contempt can be filed without serving a new subpeona.

There are many reasons that a person chooses to ignore a subpeona, including that they simply don't feel like complying or that they forgot. Filing a Motion for Contempt gives the judge the opportunity to explain to them why they're not allowed to do that.
Lucy, Esq.
Lucy, Esq., Attorney
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Customer reply replied 4 years ago

ok, the 1st subpoena is invalid,right? 2nd ques for the defendant to file an objection to my motion... he is given how long a time to file the objection that i mailed today...what 10 days?

You're not required to give a copy of the subpeona to the other party. Failure to do so wouldn't render it invalid. A Certificate of Compliance typically accompanies the mandatory disclosures to the other party - I'm afraid I don't understand how that would invalidate a subpeona sent to a third party. If the person who wants to attack the subpeona believes that it is invalid, they can raise that as a defense when the Contempt motion is filed.

Rule 6 states that a motion must be served on the other party at least 5 days before the hearing, so they'd have to respond before the hearing date.
Lucy, Esq.
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Customer reply replied 4 years ago

hello, rule 4009.27 cert. is only for the other party on subpoena not another entity? really... so i may go ahead enforcing it without notifying the defendant of it and take my chances before the judge. a contempt of court filing would be written... by an order to the court, as Failure to Respond to a Subpoena for documents & things and then what... say..they have failed to comply to a subpoena in due time and ask the court to instruct the legal dept. of G.M. to comply promptly or risk being cited for contempt of court in its failure to honor it? I feel i may have a legal angle to get them to act appropriately...they should no better! is there a pa. rcp to follow or can you expound.

I'm sorry. It can be difficult to understand when a person uses multiple abbreviations. Your earlier reference to a "Co.'s legal depart.," without any factual history of the case, appeared to be an indication that this was all happening in Colorado, not Pennsylvania. They do use a Certificate of Compliance in that state, but for a different purpose.

Rule 4009.23(a) requires that the person receiving a subpeona attach a certificate of compliance when he responds. The form of the certificate must be attached to the subpeona. If the third party looked at the rules, that may be why he did not respond, and a Motion for Contempt would likely be denied if a new subpeona is not served.

Pa. Code, Section 493a.8 gives a party 30 days to respond to a written motion. Look at your scheduling order for your case and the local rules for your court to see if there is a shorter time stated.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Customer reply replied 4 years ago

sorry for the mixup. company is general motors. they're legal dept.is in detroit. i'm in pennsylvania. ques. to you is defendant is a car dealer that offered a $2500 discount on a used car purchase to loyal customers via a mailer in writing. when i made an offer they said i needed to buy a car over $12,000, this car was $9,350. though salesman said i'd still get the discount... so i didn't buy the car and sued for breach of contract and unfair trade practices for the 2 1/2 thousand. again what do you think of my chances since i didn't actually spend $ and get a car so there is no actual loss, no transaction... that is the main issue...isn't it... FIY, furthermore their head manager said in small claims that he'd honor the discount no minimum price required. i'm just asking an opinion

If the mailer mentioned that the offer was subject to terms and conditions, or that there were minimum purchase requirements, there was no legal wrong. If it didn't say that, then there could be a false advertising issue, but it wouldn't be a breach of contract, because there was no contract with the company that mailed out the advertisement - an advertisement is only an invitation to make an offer.

On top of that, if the sales person agreed to honor the $2,500 discount, then there is no injury.
Lucy, Esq.
Lucy, Esq., Attorney
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Customer reply replied 4 years ago

no the salesman promised me the discount because i asked if he would prior to getting the price. a manager stepped in when he gave me the price and said no to discounts...he apparently didn't know the rule and i thought the dealer may have made it up on the spot to not discount the car. i was confused. the salesman and head manager both said in small claims no manager stepped in with this price requirement. and no the mailer had no written terms etc. implying all used cars were eligible as said their head manager at 1st trial. So you are saying the dealership is not bound to the mailer's discounts for breach of contract...to me the contract is between me and the car dealer not a printer/advertiser

If you agreed to the sale based on the advertised discount, there were no limitations on the mailer, and they refused to provide it, then you may have a claim against them.
Lucy, Esq.
Lucy, Esq., Attorney
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Customer reply replied 4 years ago

under what terms would my claim be....we filed under breach of contract, unfair trade practices and consumer protection law UTPCPL they promised thru written and verbal agreements. Only thing in 1st trial the manager stated the car they gave me a price on was not for sale,just arrived, and therefore no price was ever given to me. the salesman said he had no recall of any thing other then i wanted a price of cars i did look at.He was upset with that of me. we test drove the car yet it wasn't for sale...is there any sense to that as a fact.

I'm sorry, but these questions have really gone far beyond the scope of your initial inquiry regarding discovery. If you'd like a full assessment of the merits of your case, the terms and conditions of this site require that I ask you to open a new question.

Please rate my service positively so that I receive compensation for the time I spend answer your question. If you have any questions or concerns about your original inquiry, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Thank you.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience: Lawyer
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