A question about discovery.

[scardKaren]

Let say you asked for discovery... Asked for 10 things. They sent you about 1/10 of what you asked for.

Should you re-ask or assume it doesn't exist. What would happen if you asked for something, they didn't send it and then they tried to use it as evadence?

[KentWA]

Send them a nice note reminding them that they have not responded to discovery. That you want to give them a chance to respond before the need for a motion arises.

You can submit a motion to compel or wait until trial and have your letters requesting fully disclosure, then oppose any evidence they attempt to introduce.

[debtorshusband]

...then oppose any evidence they attempt to introduce.

I agree with this part, but not the rest.

The purpose of Discovery is for each side to show their evidence to the other before trial.

Why send a note telling them they haven't responded? They have responded, they just provided little.

Why motion to compel them to respond? Again, they have responded, even if with little.

By not producing their evidence during Discovery, they have given you a gift. You can object to anything they try to use at trial that they haven't provided during Discovery. Frankly, I wouldn't be surprised if they dismiss the case before trial.

Good luck,

DH

[admin]

I think was Kent was saying is that the judge likes to see some effort on the part of all parties to resolve things without motions.

Some judges do like this - but a motion to compel is always an option.