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Does motion enlarge time for Interrogs, include prod. of docs if not stated?


kyhick
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In Re: Plaintiff filed motion to enlarge time, requesting additional time to respond to my request for Interrogatories, but failed to mention my request for production of documents.

Maybe I am looking at this wrong, but in my home state(KY), Interrogs, admissions, and production of documents are seperate items and a "motion of enlargement of time to respond to Interrogatories" would just be asking the court to provide additional time to answer the Interrogs, but not the request for production of documents. No where in the motion is production of documents listed. Am I being to narrow minded in my interpertation? If my thought process is valid, this seems like a :confused:dumb mistake on their part(unless it's just a way for them gather how knowledgeable I would be in court)

A little background

I submitted to their lawyer a request for production of documents, and a request for interrogatories. On the due date, I received their motion for enlargement, which has no mention of my request for prod. of docs.

What I am thinking I should do is oppose their motion for no cause shown, and that I would be prejudiced as defendant relies upon these discovery requests to mount an adequate defense. Continue on as this motion does not cover the production of docs, and put them on notice that the request for docs are now overdue and they have seven days to serve them, and start working on a motion to compel discovery of the requested docs?

Does this sound like a good game plan, or am I off base here?

Any suggestions are appreciated.

:mrgreen:Thanks

Kyhick

p.s.

I have found no mention of this in my state and local rules for civil procedures. If a motion is filed, and I do not attend, will the acceptance/denial of the motion be granted on the merits of the motion/opp motions/ect. I really need to pick and choose which battles to fight, as I work on motion days, and would have to take off work. Also this motion comes from a different attorney than had been handling the case

Thanks Again

Kyhick

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I submitted to their lawyer a request for production of documents, and a request for interrogatories. On the due date, I received their motion for enlargement, which has no mention of my request for prod. of docs.

What I am thinking I should do is oppose their motion for no cause shown, and that I would be prejudiced as defendant relies upon these discovery requests to mount an adequate defense. Continue on as this motion does not cover the production of docs, and put them on notice that the request for docs are now overdue and they have seven days to serve them, and start working on a motion to compel discovery of the requested docs?

Does this sound like a good game plan, or am I off base here?

I think you know what you are doing, and appear to have a great game plan! If no cause was shown, and no valid excuse given for the delay in answering the interrogs, I too would oppose their motion for enlargement of time. Just know that it really depends on the mood and character of the Judge, as well as his opinion of the lawyer (assuming he knows him/her) that will determine how he rules, and whose motion will be granted and denied. I think the Judge will probably allow one enlargement of time, and then issue a warning of potential sanctions if your demand is not complied with in due time.

Also, I would file a motion to compel discovery for the reasons you stated. :goodluck:

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nascar said

you'll just appear combative if you oppose the request.

Of course I'm combative, I am fighting them:rolleyes:

(just kidding I know what you meant)

After lurking in these boards these past few months, I recognized your screen name, and thanks for your valued and respected input.

smurfette in nyc said

I think you know what you are doing, and appear to have a great game plan!

Thanks for the affirmation. I have been studying my state and local rules of civil procedure, along with the state laws. Their motion fails to state a cause, for which Ky RCP states an enlargement of time may be granted for cause shown. They are requesting a 60 day extension. Their motion goes on to say "defendant has shown no evidence that such an extension would prejudice him" I guess not, since they never made a request to me.

I guess my main concern is the request for production of documents. Rules for civil procedure states admissions, interrogatories, production of docs are different methods of discovery, on those grounds, a motion to enlarge time to respond to Interrogatories would exclude admissions, ect. However I feel I may be too narrow minded, not allowing for the meaning of interrogatories in general (i.e. a request for information)

Thanks to all for your input

Kyhick

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nascar said

pay special attention to K.R.S. 371.050

Thanks nascar, I already had that one saved on my desktop. :-)

Any thoughts on the following:

411.195 Enforceability of written agreement to pay attorney fees in event of default.

Any provisions in a writing which create a debt, or create a lien on real property, requiring the debtor, obligor, lienor or mortgagor to pay reasonable attorney fees incurred by the creditor, obligee or lienholder in the event of default, shall be enforceable, provided, however, such fees shall only be allowed to the extent actually paid or agreed to be paid, and shall not be allowed to a salaried employee of such creditor, obligor or lienholder.

My interpretation: It seems the term "obligor" would cover the jdb, unless there's something there I'm not extracting.

Forgive me for not doing a search/research on this first, but I just had one of those DUH:shock: moments. K.R.S. 371.050 states "The plaintiff shall recover no more than the consideration actually paid by him for the note or assignment" Midland is seeking a judgement in the amount $xxx.xx, and pre and post judgement interest. Would K.R.S. 371.050 in effect, limit them to only what they paid for the debt, with the argument they are not entitled to pre and post judgement interest, and attorneys' fees(I know I'm pushing it here)?

Thanks

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