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Legal opinions on MTD being filed after unanswered Discovery.


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Looking for opinions from anyone familiar with the legal system or from someone who has worked in the legal system and knows how it operates in regards to a Motion to Dismiss being filed if the local law allows it. Is this an outlandish request even though local law says it is acceptable to ask. 20 days over the 30 days Plaintiff has by law, no answers to Interrogatories or production of documents no request for extension. My requests were all legitimate and well done. Thanks for any advice.

Edited by Justicewanted
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Looking for opinions from anyone familiar with the legal system or from someone who has worked in the legal system and knows how it operates in regards to a Motion to Dismiss being filed if the local law allows it. Is this an outlandish request even though local law says it is acceptable to ask. 20 days over the 30 days Plaintiff has by law, no answers to Interrogatories or production of documents no request for extension. My requests were all legitimate and well done. Thanks for any advice.

I'm not an attorney, nor have I worked in the legal system. But, I did pose that question to an attorney several years ago. His response was that one could file a MTD, but that I shouldn't be surprised if it's denied, because it's not unusual for a judge to allow more time for discovery requests. Court rules

allow for a Motion to Compel for a reason.

He also stated it's a good idea to send a letter to the opposing counsel to remind him/her of your discovery requests. If you still don't receive a response within a reasonable amount of time, you should Motion to Compel. The letter shows the court that you did everything you could to get a response to your requests without involving the court.

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I'm not an attorney, nor have I worked in the legal system. But, I did pose that question to an attorney several years ago. His response was that one could file a MTD, but that I shouldn't be surprised if it's denied, because it's not unusual for a judge to allow more time for discovery requests. Court rules

allow for a Motion to Compel for a reason.

He also stated it's a good idea to send a letter to the opposing counsel to remind him/her of your discovery requests. If you still don't receive a response within a reasonable amount of time, you should Motion to Compel. The letter shows the court that you did everything you could to get a response to your requests without involving the court.

Thanks BV80 for the advice:)

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How about after this letter being sent and then a MTD being filed? By the time the Motion is heard it will be 30 days over the 30 days they had by law.

Case No. xx

Re: Unanswered Discovery

This is a reminder that I have not yet received your answers to my First set of Interrogatories and my first request for production of Documents your response is now xx days past the 30 days given to you by xx rule Since the trial date is quickly approaching if I do not receive your responses In the next 7 days under Rule xx I will request the court to Dismiss the case with prejudice.

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No a little more direct...

"On date, you were sent the Defendant's first set of interragatories and request for production of documents. Per (rule, law), responses are to be received no more than (#) days. As of the date of this letter, responses have not been received. If a response is not received by <date>, a motion to compel, or in the alternative, a motion to preclude will be filed with the court."

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I often wonder why rules of procedure exist if there's always an exception or an out even when the party has zero reason for the delay in answering the rogs or admissions.

Not only that, why is it so one-sided? We all know defendants do not get the 2nd chances handed to the plaintiff attorneys.

As the defendant, we can't take the chance of responding to discovery whenever we feel like it. So the plaintiff can always do nothing and sit back and get the defendant's responses back 1st and plan their strategy.

30 days to respond is sufficient time for either party to request an extension of time to respond. But to sit back and just ignore the other party's request and then be handed more time "just because" is insane.

And though it's not a necessity to have discovery back before filing for SJ, it might help. Therefore, if the plaintiff holds out until they are forced to comply, they always have the upper hand in getting back their discovery from the defendant and filing SJ.

These rules stink. Exceptions should only be granted when the party provides some reasonable explanation for the delay. It's a waste of time and resources for both the court and the defendant. Good thing nobody died and left me judge.

That's my 4 cents.

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I often wonder why rules of procedure exist if there's always an exception or an out even when the party has zero reason for the delay in answering the rogs or admissions.

Not only that, why is it so one-sided? We all know defendants do not get the 2nd chances handed to the plaintiff attorneys.

As the defendant, we can't take the chance of responding to discovery whenever we feel like it. So the plaintiff can always do nothing and sit back and get the defendant's responses back 1st and plan their strategy.

30 days to respond is sufficient time for either party to request an extension of time to respond. But to sit back and just ignore the other party's request and then be handed more time "just because" is insane.

And though it's not a necessity to have discovery back before filing for SJ, it might help. Therefore, if the plaintiff holds out until they are forced to comply, they always have the upper hand in getting back their discovery from the defendant and filing SJ.

These rules stink. Exceptions should only be granted when the party provides some reasonable explanation for the delay. It's a waste of time and resources for both the court and the defendant. Good thing nobody died and left me judge.

That's my 4 cents.

Patz,Those are my thoughts exactly. :)

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I often wonder why rules of procedure exist if there's always an exception or an out even when the party has zero reason for the delay in answering the rogs or admissions.

Not only that, why is it so one-sided? We all know defendants do not get the 2nd chances handed to the plaintiff attorneys.

As the defendant, we can't take the chance of responding to discovery whenever we feel like it. So the plaintiff can always do nothing and sit back and get the defendant's responses back 1st and plan their strategy.

30 days to respond is sufficient time for either party to request an extension of time to respond. But to sit back and just ignore the other party's request and then be handed more time "just because" is insane.

And though it's not a necessity to have discovery back before filing for SJ, it might help. Therefore, if the plaintiff holds out until they are forced to comply, they always have the upper hand in getting back their discovery from the defendant and filing SJ.

These rules stink. Exceptions should only be granted when the party provides some reasonable explanation for the delay. It's a waste of time and resources for both the court and the defendant. Good thing nobody died and left me judge.

That's my 4 cents.

I thought the exact same thing. I think it has to do with the fact that it's up to the Defendant to defend himself. If the allegations aren't true, you have to respond. Experienced attorneys know how far they can push the rules. We Pro Se's don't have that knowledge.

Also, there are judges out there who are prejudiced against debtors and Pro Se defendants. You never know about the judge who'll hear your case. Some judges are fair to both sides, some allow a little leniency with Pro Se's, but those prejudiced judges will blast you for defending yourself. When we decide to represent ourselves, we must go in with the attitude that we are going to obey the court rules to the letter. We don't want to tick off a judge, or give the Plaintiff's attorney any ammunition.

The attorney I spoke to sends out reminder letters when the opposing counsel fails to send a timely response. If the court rules allow for a Motion to Compel, you can choose to do so, or file a motion to dismiss. As a Pro Se, I was simply very cautious.

Edited by BV80
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BV80, I was so surprised to see that the same judge presides over all the cases in this particular court in my county/state. Maybe that's true everywhere.

That can be such an issue with fairness if the judge is biased - for either side. Cuz it might mean that whenever you step into that court, you enter with the cards stacked high against you. Many people will have several debt lawsuits.

I suppose if you find this is true, you might want to consider a jury trial. Appeals can be very expensive where I am.

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What's even more unconscionable is when the plaintiff writes back to defendant and makes threats about why plaintiff hasn't received responses to rogs and admissions from defendant when at the same time, their own responses are late.

To me, this comes across as a willful intent not to respond because obviously they are tracking the calendar. But the calendar doesn't work both ways? No way plaintiffs should get away with that.

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The rules are in place for both sides, not just one. Usually there is some sort of procedure to follow before filing a motion to compel responses to discovery. Go through it, then file the motion. Follow the timeline exactly. Judges will usually rule in your favor and compel responses. If they rule otherwise, they risk being overturned on appeal, although they will view you as a lightweight as pro se. Let them know you k

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The rules are in place for both sides, not just one. Usually there is some sort of procedure to follow before filing a motion to compel responses to discovery. Go through it, then file the motion. Follow the timeline exactly. Judges will usually rule in your favor and compel responses. If they rule otherwise, they risk being overturned on appeal, although they will view you as a lightweight as pro se. Let them know you know the rules

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I might just be very lucky, but I have never had any issues, even minor, with the rules or the judges I have been in front of.

I have made sure what I can control is done prompt and proper. I don't file frivilous arguments or laundry lists of affirmative defenses. I also make sure I know the rules of the court, spoken and unspoken. I sit in on a few cases prior to my first hearing so I can observe the way the judge handles things and what is expected from both sides.

I try to get even the smallest detail, such as, if the judge looks at the atty that means it is your turn or if the judge actually will address the party and then ask for them to speak. I also see if the lawyers are asking to be excused or step aside after the hearing(s).

As neutral as a judge is to be, I don't care, if you see somebody sitting in your gallery no only learning the universal court rules, but taking the time to learn the specific judge's way of running things, that carries a great deal of weight. It takes a little time and in my opinion it makes you stand out. It shows you care and it shows this is not a game to you.

I feel it has helped me greatly. I have never been treated with disrespect and the rules have been applied 100% the same across the board. I also say thank you to the judge after every hearing even if he rules against me 100%.

It's a game and I want to win. The other side already has a huge edge and home field. I will do anything to mitigate that advantage and edge.

That was a little off topic but the topic seemed to be turning toward the rules of the court.

To the OP, what I would do is send a cooperation letter. If they still don't respond, motion for summary judgement. Your argument is there are no material facts to be ruled on. The Plaintiff has provided you with no evidence. Since you asked properly any such evidence at this time would be, or should be, perculded even if they did come up with it.

Even if they are waiting on evidence, per the rules, they should state so to you and confirm in writing they will supplement your responses. I think after you do all that you wrap this up with a motion for summary judgement. It is basically the same as a motion to dismiss but your filing a motion at the proper time. Summary judgement motions are proper after discovery is completed. If the other side won't participate in discovery, discvoery is completed. At that time they have no evidence, no evidence means no case, no case means no issues to resolve at a trial and that means summary judgement for the Defendant, you.

Good luck

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Prob a technicality involving language, but in CT a motion to dismiss means that you are asserting that the court has no jurisdiction over either the defendant or the subject matter; the suit was brought in the wrong court, it's a federal statute local courts can't rule on, things like that. It basically means the suit never should have been brought in that court. Coltfan is right; this sounds like a discovery problem. Just run through the procedure as he suggests. Give them a little latitude, not a lot, they won't give you any. They'll pounce the first chance they get.

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The rules are in place for both sides, not just one.....

Not so where I am legaleagle. The judge is infamous for letting plaintiffs slide by w/o abiding by the rules of discovery and not letting defendants do the same. Sure, rules are meant for both sides, but not always so in application.

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