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To compel or not to compel? Help!


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I have been reading and commenting on some threads and am concerned and confused. There seems to be two schools of thought espoused here. One says that you should let the moving party know if they screwed up with discovery requests and file a motion to compel. The other says to let them suffer from their mistakes and don't say anything to the moving party otherwise, you might tip them off to amend their pleadings or whatever else.

If moving party does not respond to discovery, do you HAVE to do a motion to compel? OR can you wait until trial and object to evidence on the basis that it wasn't produced during discovery?

If a moving party produces an insufficient definite statement or bill of particulars, must you say something,or can you do a motion in limine right before the trial to exclude evidence stating that the moving party did not provide you with adequate statement?

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