motion to compel stricken without prejudice

[oyImBeingSued]

I filed a motion to compel because the plaintiff has not complied with my discovery request.

I thought my motion was solid and I just got the ruling from the court that "in compliance with the requirements of Mont. Co. L.R. 208.3((2) it is hereby ordered and decreed that said motion is stricken without prejudice."

what does this mean. am I screwed? ( im filing in Montgomery County Pennsylvania

[Guest usctrojanalum]

You need to read what Mont Co. L.R. 208.3((2) states and see what you did wrong.

[Guest usctrojanalum]

http://www.montgomerybar.org/assets/publications/montgoRules/LocalRuleCivProc208.3and208.4.pdf

There is a link to the law, the section the Court says you did not comply with is on the second page, the second paragraph down.

[oyImBeingSued]

thanks usctrojanalum!

after I filed, the court sent the motion to me with the date the ruling was to occur...I guess I was supposed to serve that on the plaintiff ( i thought the court was just sending me a copy).

Am I supposed to also serve the plaintiff with the response from the court that the motion was stricken?

[bmc100]

The court will send a copy to the Plaintiff. You need to follow rules of civil procedure. If you file a motion, have it time stamped my the court, pay the costs, then serve it upon the adverse party.

Depending upon the type of motion, check civil procedure in your state for the period of time needed for the adverse party to respond i.e. motion to dismiss or motion for summary disposition.