sjohnson11 Posted March 6, 2012 Report Share Posted March 6, 2012 Received Summons from Amex (local attorney) a few months back. I answered...they sent Discovery which I answered. They have not answered my Discovery/Rogs/Production of Documents at all. My question is what to do next.Should I send a reminder letter to them (do I copy court)Do I go straight to filing a motion for them to answer DiscoveryDismissal ?Just want to make the right next move. ThanksThe original complaint included the following with nothing else attached.1.Defendant enetered into agreement...etc2. Defendant usd card to make purchases3. Defendant failed to make payment4. plaintiff demands judgement...etc Link to comment Share on other sites More sharing options...
legaleagle Posted March 6, 2012 Report Share Posted March 6, 2012 Rule 26 subpart as shown:(g) Discovery Motions(1) Motions. No written motions under Rule 26 through 37 shall befiled without the prior approval of a justice or judge of the court in which theaction is pending. The moving party shall first confer with the opposing party in agood faith effort to resolve by agreement the issues in dispute. If the dispute is notresolved by agreement, the moving party shall request a hearing from the clerk byletter. The letter shall succinctly and without argument or citation describe thenature of the dispute and the relief requested. In cases involving objections tointerrogatories or document requests, the moving party shall attach to the lettercopies of only the specific objections in question and the specific interrogatories orrequests to which objection has been made. In exigent circumstances a request fora hearing may be made to the clerk by telephone or in person. The request for ahearing constitutes a representation to the court, subject to Rule 11, that theconference with the opposing party has taken place and that the moving party hasmade a good faith effort to resolve the dispute. The clerk shall inform the movingparty of the manner, date and time of the hearing. The moving party shall provideprompt notice of the hearing to all the other parties. If the hearing is to beconducted by telephone conference or video conference, the moving party shallconnect all other parties who elect to participate and shall initiate the telephone orvideo conference call to the court.(2) Hearing or Conference. The court may issue an order without ahearing if the request is based on a failure to either answer or object to outstanding discovery requests. In all other cases the parties shall be prepared to offer oral argument at a hearing or a telephone or video conference on the discovery issues in question if scheduled by the court. No written argument shall be submitted and no motion papers shall be filed with the clerk without prior leave of the court. Link to comment Share on other sites More sharing options...
sjohnson11 Posted March 6, 2012 Author Report Share Posted March 6, 2012 Rule 26 subpart as shown:(g) Discovery Motions(1) Motions. No written motions under Rule 26 through 37 shall befiled without the prior approval of a justice or judge of the court in which theaction is pending. The moving party shall first confer with the opposing party in agood faith effort to resolve by agreement the issues in dispute. If the dispute is notresolved by agreement, the moving party shall request a hearing from the clerk byletter. The letter shall succinctly and without argument or citation describe thenature of the dispute and the relief requested. In cases involving objections tointerrogatories or document requests, the moving party shall attach to the lettercopies of only the specific objections in question and the specific interrogatories orrequests to which objection has been made. In exigent circumstances a request fora hearing may be made to the clerk by telephone or in person. The request for ahearing constitutes a representation to the court, subject to Rule 11, that theconference with the opposing party has taken place and that the moving party hasmade a good faith effort to resolve the dispute. The clerk shall inform the movingparty of the manner, date and time of the hearing. The moving party shall provideprompt notice of the hearing to all the other parties. If the hearing is to beconducted by telephone conference or video conference, the moving party shallconnect all other parties who elect to participate and shall initiate the telephone orvideo conference call to the court.(2) Hearing or Conference. The court may issue an order without ahearing if the request is based on a failure to either answer or object to outstanding discovery requests. In all other cases the parties shall be prepared to offer oral argument at a hearing or a telephone or video conference on the discovery issues in question if scheduled by the court. No written argument shall be submitted and no motion papers shall be filed with the clerk without prior leave of the court.Thanks....so it looks like I should start with the letter to the attorney. How long should I give them to respond before sending letter to to the clerk requesting hearing. Thanks again. Link to comment Share on other sites More sharing options...
sjohnson11 Posted March 6, 2012 Author Report Share Posted March 6, 2012 Thanks....so it looks like I should start with the letter to the attorney. How long should I give them to respond before sending letter to to the clerk requesting hearing. Thanks again.Also...is there any format for sending a letter to attorney requesting answers....and it looks like I wouldnt need to copy court on that letter just yet? Thanks Link to comment Share on other sites More sharing options...
legaleagle Posted March 6, 2012 Report Share Posted March 6, 2012 Normally you should give them 10 days, and make sure you put that in the letter. No copy to the court. Make sure you send it certified mail. Link to comment Share on other sites More sharing options...
sjohnson11 Posted March 6, 2012 Author Report Share Posted March 6, 2012 Normally you should give them 10 days, and make sure you put that in the letter. No copy to the court. Make sure you send it certified mail.ok...thanks. Does the letter have to be in any special format, or do I simply state that my rogs wre not answered please answer within 10 days? Link to comment Share on other sites More sharing options...
BV80 Posted March 6, 2012 Report Share Posted March 6, 2012 ok...thanks. Does the letter have to be in any special format, or do I simply state that my rogs wre not answered please answer within 10 days?The rule doesn't state any particular format. I think just a letter reminding them that you sent your requests on _________(date), but have not yet received their responses would be appropriate. Link to comment Share on other sites More sharing options...
sjohnson11 Posted March 26, 2012 Author Report Share Posted March 26, 2012 So I sent a letter with deadline to receive Discovery back which of course I did not get back. Given the Maine law below, what would my next step be. There is nothing scheduled coming up on case...pre trial hearing would be next. Should I send letter to court as described below? Thanks1) Motions. No written motions under Rule 26 through 37 shall befiled without the prior approval of a justice or judge of the court in which theaction is pending. The moving party shall first confer with the opposing party in agood faith effort to resolve by agreement the issues in dispute. If the dispute is notresolved by agreement, the moving party shall request a hearing from the clerk byletter. The letter shall succinctly and without argument or citation describe thenature of the dispute and the relief requested. In cases involving objections tointerrogatories or document requests, the moving party shall attach to the lettercopies of only the specific objections in question and the specific interrogatories orrequests to which objection has been made. In exigent circumstances a request fora hearing may be made to the clerk by telephone or in person. The request for ahearing constitutes a representation to the court, subject to Rule 11, that theconference with the opposing party has taken place and that the moving party hasmade a good faith effort to resolve the dispute. The clerk shall inform the movingparty of the manner, date and time of the hearing. The moving party shall provideprompt notice of the hearing to all the other parties. If the hearing is to beconducted by telephone conference or video conference, the moving party shallconnect all other parties who elect to participate and shall initiate the telephone orvideo conference call to the court.(2) Hearing or Conference. The court may issue an order without ahearing if the request is based on a failure to either answer or object to outstanding discovery requests. In all other cases the parties shall be prepared to offer oral argument at a hearing or a telephone or video conference on the discovery issues in question if scheduled by the court. No written argument shall be submitted and no motion papers shall be filed with the clerk without prior leave of the court. 03-06-2012 12:46 PM Link to comment Share on other sites More sharing options...
legaleagle Posted March 26, 2012 Report Share Posted March 26, 2012 Also see Rule 37, failure to make discovery Link to comment Share on other sites More sharing options...
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