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I am looking for some case law in Ohio and/or how to object to Plaintiffs Motion to Allow Discovery Responses Out of Time.

The Plaintiff sent me my Requests For Documents about 30 days late. They filed a Motion to Allow Discovery Responses Out of Time claiming hardship obtaining documents from the OC.

Ohio Rules of Civil procedure read...

34 (B) 1

(1) The party upon whom the request is served shall serve a written response within a period designated in the request that is not less than twenty-eight days after the service of the request or within a shorter or longer time as the court may allow. With respect to each item or category, the response shall state that inspection and related activities will be permitted as requested, unless it is objected to, including an objection to the requested form or forms for producing electronically stored information, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. If objection is made to the requested form or forms for producing electronically stored information, or if no form was specified in the request, the responding party must state the form or forms it intends to use. The party submitting the request may move for an order under Civ. R. 37 with respect to any objection to or other failure to respond to the request or any part of the request, or any failure to permit inspection as requested.

They had 30 days to respond to me If I read this correctly, They should have had some response with 30 days, even if it was not a complete response. Anyone else have a different take on this?

Their LATE response to my request for docs include an affidavit from an employee of the JDB and a few additional account statements. The affidavit is dated before the suit was even filed, so I can not see any reason they did not attach it to the complaint... other than they just made it the other day or was purposely withholding it.

Anyone have any insight, case law, or sample Objections to this Motion to Allow Discovery Responses Out of Time?

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The Ohio Civil Rules dictate that when a Request for Production of Documents or Admissions, the rules dictate the party requesting should contact the opposing party to inquire as to the delivery of the subject matter of the request.

If the request is not complied with, then thee requester then must motion the court to intervene.

It does not appear from your communication that you have adhered to the customary practice of containing opposing counsel to attempt to obtain discovery absent court intervention...You will not find any case law beneficial to the situation that you describe.

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