candyland Posted September 3, 2008 Report Share Posted September 3, 2008 ... and no evidence filed with the initial complaint. The JDB who sued me for an out of SOL debt does not appear to have a shred of evidence.They have not filed their own Requests for Productions of Documents or Interrogatories, either. Why can't I just ask for the case to be dismissed? This seems ridiculous. I was told the next step is to force them to produce their evidence and argue that they should have to answer the discovery requests before a judge. If so, how hard is that and where do I find the resource to figure it ou?I don't understand why I can't ask the judge to look at the total lack of evidence and dismiss the case, but then I'm not a lawyer. Link to comment Share on other sites More sharing options...
montanatim Posted September 3, 2008 Report Share Posted September 3, 2008 ... and no evidence filed with the initial complaint. The JDB who sued me for an out of SOL debt does not appear to have a shred of evidence.They have not filed their own Requests for Productions of Documents or Interrogatories, either. Why can't I just ask for the case to be dismissed? This seems ridiculous. You probably could citing the lack of evidence supporting the complaint.I was told the next step is to force them to produce their evidence and argue that they should have to answer the discovery requests before a judge. If so, how hard is that and where do I find the resource to figure it ou? Check out #5 of this thread for a sample;1st sticky at the top of the forumI don't understand why I can't ask the judge to look at the total lack of evidence and dismiss the case, but then I'm not a lawyer.. Link to comment Share on other sites More sharing options...
Methuss Posted September 3, 2008 Report Share Posted September 3, 2008 Your next step is to file a motion to compel production of documents with the court. All you are doing with this motion is telling the judge that you have submitted discovery to the other party and they have failed to produce willingly and now must be ordered byt he judge to do so. If they still don't answer discovery after a motion to compel, then you can file a motion to dismiss with prejudice because they have no evidence. Once a motion to compel has been ignored they cannot introduce any evidence at trial that was part of the discovery. This is called estoppel by silence. That is basically a priciple of law that says if a party has a legal or moral obligation to produce evidence when asked and fails to do so that they loose the right to use it later. If they try, you object and cite estoppel as the reason to reject the evidence. Link to comment Share on other sites More sharing options...
candyland Posted September 3, 2008 Author Report Share Posted September 3, 2008 Do I need a Golden Rule letter before a Motion to Compel? Do you know where to find a resource for templates for the Motion to Compel and a Motion to Dismiss? Link to comment Share on other sites More sharing options...
nascar Posted September 3, 2008 Report Share Posted September 3, 2008 Do I need a Golden Rule letter before a Motion to CompelThat depends on your local court rules. You'll want to check them to be sure. Link to comment Share on other sites More sharing options...
calawyer Posted September 3, 2008 Report Share Posted September 3, 2008 Do you know where to find a resource for templates for the Motion to Compel and a Motion to Dismiss?This may help: http://www.plf.net/forms.shtml Link to comment Share on other sites More sharing options...
candyland Posted September 5, 2008 Author Report Share Posted September 5, 2008 Do you file a Golden Rule letter with the court or just send it to the opposing party?I'm writing it myself. How hard can it be to say law such and such allows for 30 days, you have not complied, produce the evidence within 10 days or I will file a motion to enforce. Link to comment Share on other sites More sharing options...
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