TheRoadBack Posted April 23, 2013 Report Share Posted April 23, 2013 Hi everyone, I have a case pending with OC. I filed req for production, interrogatories etc. and Plaintiff objected to almost everything. Is a motion to overrule their objections the correct thing to file to get them to produce what I requested? If so, does anyone have a sample as I am lost at the moment. Thank you in advance for your help! Link to comment Share on other sites More sharing options...
admin Posted April 23, 2013 Report Share Posted April 23, 2013 Do you have a link to other threads pertaining to your case? Link to comment Share on other sites More sharing options...
TheRoadBack Posted April 23, 2013 Author Report Share Posted April 23, 2013 Do you have a link to other threads pertaining to your case?No, I have not posted details on another thread as the details are pretty simple(if any of this is simple) I have answered complaint, filed req for prod and sent interroogatories to oc. They objected to mostly everything except they sent statements and a generic credit agreement that everyone gets, nothing showing my name or anything to do with me. I am just trying to see if motion to overrule objections to make them answer is the right motion to get this accomplished? Thanks for getting back to me so quickly. It is greatly appreciated. Link to comment Share on other sites More sharing options...
admin Posted April 23, 2013 Report Share Posted April 23, 2013 It's hard to say what might be wrong with not many details. Link to comment Share on other sites More sharing options...
BV80 Posted April 23, 2013 Report Share Posted April 23, 2013 As Admin said, we need more details. However, I believe you're referring to a Motion to Compel production of documents. That's asking the court to tell the other party that they have to produce the requested documents. But you have to show the court that the requested documents are necessary to your defense. If the court doesn't believe they're necessary, a motion to compel won't be granted. Link to comment Share on other sites More sharing options...
TheRoadBack Posted April 23, 2013 Author Report Share Posted April 23, 2013 It's hard to say what might be wrong with not many details. Was served complaint by OC. Answered in timely fashion. Filed a motion to dismiss which was denied. I filed req for production and interrogatories. They filed for and were granted extension of time. Received nothing for over 8 months. Did not want to file motion to compel to move things faster also hoping they might have forgot or decided to not proceed forward. 8 months later received generic credit card agreement and statements. Almost all requests were objected to for one reason or another. Original attorney withdrew and new attorney who did file answers or shall I say objections is relentless. They then served me with interrogatories and req for production and I objected just as they had done to me. Wondering what my next move should be? If there are any other details that would help you guide me I will be happy to provide, Any advice on how to proceed? Link to comment Share on other sites More sharing options...
TheRoadBack Posted April 23, 2013 Author Report Share Posted April 23, 2013 Was served complaint by OC. Answered in timely fashion. Filed a motion to dismiss which was denied. I filed req for production and interrogatories. They filed for and were granted extension of time. Received nothing for over 8 months. Did not want to file motion to compel to move things faster also hoping they might have forgot or decided to not proceed forward. 8 months later received generic credit card agreement and statements. Almost all requests were objected to for one reason or another. Original attorney withdrew and new attorney who did file answers or shall I say objections is relentless. They then served me with interrogatories and req for production and I objected just as they had done to me. Wondering what my next move should be? If there are any other details that would help you guide me I will be happy to provide, Any advice on how to proceed?Thank you in advance admin for your help. It is greatly appreciated! Link to comment Share on other sites More sharing options...
TheRoadBack Posted April 23, 2013 Author Report Share Posted April 23, 2013 As Admin said, we need more details. However, I believe you're referring to a Motion to Compel production of documents. That's asking the court to tell the other party that they have to produce the requested documents. But you have to show the court that the requested documents are necessary to your defense. If the court doesn't believe they're necessary, a motion to compel won't be granted.BV, I filed a motion to compel but the judge said they compeled as the answers were in the file. He said I need to file a different motion to overrule there objections or something to that affect. So, I am confused. I do thank you for your help. Link to comment Share on other sites More sharing options...
admin Posted April 23, 2013 Report Share Posted April 23, 2013 You need to answer the questions in the pinned topic at the beginning of this forum. DIfficult to know how to answer you with so few details. Link to comment Share on other sites More sharing options...
nascar Posted April 23, 2013 Report Share Posted April 23, 2013 I filed a motion to compel but the judge said they compeled as the answers were in the file. He said I need to file a different motion to overrule there objections or something to that affect. So, I am confused. I do thank you for your help. If you receive discovery responses full of objections, your motion will be to both overrule the objections and compel meaningful responses. Seems your judge is a bit hyper-technical, but not incorrect. Technically, an objection is a response, so moving solely to compel a "response," could be considered moot if not accompanied by a request to overrule the objections. Does that help? Link to comment Share on other sites More sharing options...
TheRoadBack Posted April 24, 2013 Author Report Share Posted April 24, 2013 If you receive discovery responses full of objections, your motion will be to both overrule the objections and compel meaningful responses. Seems your judge is a bit hyper-technical, but not incorrect. Technically, an objection is a response, so moving solely to compel a "response," could be considered moot if not accompanied by a request to overrule the objections. Does that help?Nascar, that makes sense. I will file a motion to overrule objections and compel meaningful responses. Thank you for your insight. It is greatly appreciated! Link to comment Share on other sites More sharing options...
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