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Motion to compel request for production of documents


kvh
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Have any of you guys ever had to file a motion to compel for production of documents? I'm now having to do so and have to follow my local rules of court. This is my first time ever going to court so I'm still learning the formats and language and the help on this board is incredible. Please give me any input you may have on this motion. I'm also unsure of what questions i need to raise under the questions heading.

AND NOW comes defendant, XXXXXXXXXXXX., requesting the Courts to compel XXXXXXXX to produce the documents requested by Defendant.

HISTORY OF THE CASE

The Plaintiff,XXXXXXXXX filed a complaint against the Defendant, XXXXXXXX. on xxxxxxxx. The basis of the complaint is that the Defendant defaulted on an alleged debt. Defendant was served and Defendant did file Answers to Claim. Defendant filed with Prothonotary on March 23, 2012 a Request for Production of Documents. Plantiffs Attorney, XXXXXXXXXXX was sent a copy by way of USPS certified mail with return receipt. The Request for Production of Documents was delivered on March 26, 2012. The Plaintiff has failed to respond to the Request after good faith efforts were made by the Defendant. A courtesy phone call was made by Defendant to Plaintiffs Attorney on XXXXXXXXX requesting that the documents be produced without involving the courts. A courtesy letter was sent to Plaintiffs Attorney via USPS certified mail requesting the documents be produced without involving the courts.

QUESTION PRESENTED

LEGAL ARGUMENT

The Plaintiff must comply with Defendants Request for Production of Documents pursuant to Pa. R.o.C.P. Rule 4009.12(a). This clearly states that the party upon whom the request is served shall within thirty days after the service of the request.

CONCLUSION

Wherefore the Defendant, XXXXXXXXXXXX, requests the Courts order the Plaintiff to produce the documents requested

Any input would be greatly appreciated,

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