Nvr_nervous Posted April 4, 2005 Report Share Posted April 4, 2005 I am in need of assistance to draft a motion to compel discovery and sanctions. I originally filed my Request for Interrogs approx. a month ago (KY court requires 30 days). Plaintiff has failed to respond to my requets, only to file their own for Admissions. Any help is appreciated. TU in advance. Link to comment Share on other sites More sharing options...
hannah Posted April 6, 2005 Report Share Posted April 6, 2005 It is my understanding that you need to make an attempt to ask them again for discovery. Just write them a letter asking again politely for the items you want answered or produced by document. Send it CMRRR. Give them 10 days to respond. If they don't respond or respond that they aren't going to do it, then file a motion to compel. Use the letter as proof you asked again politely. Makes em look bad to the court and you have better chance of winning motion. Worked for me. Link to comment Share on other sites More sharing options...
Nvr_nervous Posted April 6, 2005 Author Report Share Posted April 6, 2005 I'd rather bust their chops when I got the chance. Their attorney is waiting for me to mess up anyway being pro se. I plan on waitinig few days past the mandatory time allowed. Anyone have advice on how to ask for sanctions or to compel discovery? Link to comment Share on other sites More sharing options...
admin Posted April 6, 2005 Report Share Posted April 6, 2005 I'd make a motion for summary judgment - you gave them a chance to respond, they didn't; they are technically in default.If you file the motion, they can file a defense against it. Hoever, if they don't respond, the court may grant you the motion. But you will at least get the case moving. Link to comment Share on other sites More sharing options...
Guest Posted April 7, 2005 Report Share Posted April 7, 2005 Well as much as you might like to bust their chops.. .doing so is only going to make you look like a chump in front of the judge.You need to send a letter asking them to send you their answers and then if they dont you can go about doing some chop busting.Don't appear to be an a$$ on this.. it wont win you points....Lotsa luck Link to comment Share on other sites More sharing options...
c m chase Posted April 7, 2005 Report Share Posted April 7, 2005 To the OP, you didn't mention if you sent them a request for admissions or not. From my understanding, if they didn't answer THAT request, then you can go for summary. If it's only interrogs, then I don't know if that would work out...since they've not really admitted wrong yet.And Sky is right...all the courts I've heard of, you HAVE TO give them time, chances, etc. It's called good faith and each party has to act on it. The judge will respect you more and them less if you comply and they don't. Once you send them a letter or call them, whatever, and they still don't reply, that's when you can send them a letter saying "you have 10 days...answer all my discovery or I'll file the motion to compel."Also, (thanks, calawyer!) you should check your local rules on timing, etc. For instance in at least Oklahoma and California, if they don't answer interrogs within 30 days and if they don't ask you for more time, they are no longer allowed to object to an interrog and MUST answer it fully. Also, you can ask for sanctions if they don't comply with your act of good will.It's all in the game. Just play and enjoy it. Link to comment Share on other sites More sharing options...
Nvr_nervous Posted April 7, 2005 Author Report Share Posted April 7, 2005 OK, I mighta used the wrong choice of words earlier. I'll go about biting my tongue from now on. Chase, yes, it was only interrogs 28 very detailed and time consuming ones thanks to this board. I believe its moot anyway because yesterday I received the Plaintiffs motion for an extension of time to respond for my request for discovery....along with their own request for admissions and the 30 day time frame. So henceforth my next question, since a date to hear their motion has been set should I be in attendence or let them plead in my absence nas to why they should be granted additional time? Link to comment Share on other sites More sharing options...
KentWA Posted April 8, 2005 Report Share Posted April 8, 2005 I would go and be present. You may also want to think about objecting in part or playing nice. You clould object in part stating you want to move this along and they should be able to complete them within a few weeks and should not need 30 more days. The other option is contact them and agree to the extention in a stipulation. The later will make you look good to the court and as working toward resolution and not trying to make the other side go to court for every detail and taking up the judges valuable time. That will buy you good graces if you need to later motion to compel or ammend, etc. Link to comment Share on other sites More sharing options...
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