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Can a Plaintiff remove your motion and add other motions that were set for a hearing?

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Question about Hearings and Motions.

Can a Plaintiff remove one of your motions that was set for a hearing? :rolleyes: Then add other motions?

How many motions can a :catholic:judge rule on in 30 minutes?

I am sure some one with more exp will come along, but i will take a guess

If you say motioned to compel.( say discovery) and plaintiff sent that before court,( even if its late) I will say , yes,, its no longer a issue.

if you motion to dismiss based on X and plaintiff shows Y , yes they dismiss that , plaintiff may now have contracts ect they did not have before,

BUT plaintiff should have sent you copies( so you may inspect/object ect)

what is the motions in question?

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a motion to compel discovery against a plaintiff that has only objected so far and not produced anything.

you asked for discovery and plaintiff is objecting?

if more than 20 ( sometimes 30 days) has passed since your 1st request, you need to ask for a motion to compel discovery. or plaintiffs needs to state WHY they wont provide what your asking for.

then hit them with Sanctions for Not complying if they refuse to answer discovery

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D sends P interrogatories, P Motions with a timely general objections. P sets no hearing on the objection.

D send P a request to provide discovery, and P does not answer, so D Motions to compel and has it set for hearing.

THEN, P sends D a Amended Notice of hearing in where D's motion is gone and P's motions are add. :shock:

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As long as you called the Court, set it for hearing, and filed and served the Notice of Hearing you should be fine. Just remember that you will have to bring it to the court's attention that there is a Motion to Compel at issue.

An opposing party cannot have a motion removed from the list for hearing.

What motions are going to be heard at this hearing?

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