Quick Discovery Question

[gusto]

I was wondering what formal motion I should use to respond to Cap One's responses to my request for admissions? It looks like they failed to provide some discovery docs that I requested and answered Deny without providing an explanation. Do I need to send a second request, motion for sanctions or objection, or send a 'good faith' letter to their attorney?

[fightemdontfold]

I am in the same position you are in right now, the idiots suing me provided no documentation whatsoever in their response to my requests.

You need to send them a communication in writing that informs them the anwsers need to be amended. You might need to review your courts rules of procedure to see if this has to be done in a specific way. I am going question by question that was not suffienciently anwsered idenitifying the problem with their response. You are to give them like 10 days or so to respond back with amended responses. If they don't then I think a MTC would be in order.

[Chapel Hill]

In addition to what you would find at your local law library try reviewing the law and motion calendar for the court where your case is assigned. If will give you insight into how your jurist makes his/her rulings. It will give you boiler plate motions to use as you see fit.

With respect to their lack of response, call the lead counsel for the other side and remind that sob that we live in a country of laws. That the rule of law in America says he has to play fair. Then fire back a fax saying you'll hit his/her a$$ with a motion to compel in 5 days if you don't get your responses. Before you call the jerk or jerkette, email the court for a motion hearing date if that is the procedure in your jurisdicition.

Good luck.

[BV80]

With respect to their lack of response, call the lead counsel for the other side and remind that sob that we live in a country of laws. That the rule of law in America says he has to play fair.

If it were me, I'd send a letter. I think it's to the Defendant's advantage communications between the 2 parties in writing. By calling,the attorney could claim he never heard from the Defendant. You want to be able to prove to the court you contacted the attorney and acted in good faith to try to avoid a Motion to Compel.

Then fire back a fax saying you'll hit his/her a$$ with a motion to compel in 5 days if you don't get your responses.

I'm not sure that's a good idea. The court rules and the judge can specify a time limit, but I don't know if it's a good idea for a Defendant to impose a time limit on the opposing party.

[Guest usctrojanalum]

Your rules of civ pro will guide you in this. If you wanted to bring a motion to compel out by me, you'd have better sent at least 3 letters over a six week period and have attempted a few phone calls to have the discovery issues settled without judicial intervention.