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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116715
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Question on a litigation case ? There was a order placed by

Customer Question

Question on a litigation case for study?
There was a order placed by a defendant to the plaintiff for documents. the order was not responded to by the plaintiff. The defendant knew there was no document order completed or responded to but instead of filing a complaint with the court they continued with the case anyway for a year and a half. Close to the case coming to court the defendant used the order not being responded to or properly filled to cancel the case and hold the plaintiff in contempt.
After the case ran for a year and a half and hundreds of thousands were spent in other orders, depositions, etc. presented in the case, The defendant decided to ask for dismissal and contempt of court based on the first order that was never responded to at the beginning of the case. Is this abuse of the legal process?
Which validates the 2 different abuse processes: abuse of process or malicious prosecution.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year 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.
Just because an order is never responded to does not mean an order was not entered by the court. In fact, failure to respond to a motion or order allows the court to enter the order. Just not responding to a pleading by either party does not mean it goes away or the party can escape punishment.
If no such order exists then them filing contempt should be objected to and upon proof there is no order in the court file, then the contempt motion would be dismissed and you could then seek sanctions for them filing a motion for contempt when there was no order in the court file signed by the court. It would be a motion for sanctions under Rule 11 of rules of civil procedure, or the appropriate state equivalent, (Signing of Pleadings, since signing a pleading verifies it is true and correct).
Customer: replied 1 year ago.
There was no question about an order before the court.
The question was based on liability of a firm setting on the order not being responded to for a year and a half and lots of money in litigation being spent on whether there is a liability factor for all the loss by the firm?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
There is no liability on a firm for filing a motion for contempt a year after the plaintiff failed to respond to something. That is the judgment call of the firm as to whether they wanted to wait to pursue the contempt. There is no additional damage for them filing the contempt immediately a year a go or for filing it now.