Attorney won't answer questions in discovery

[beckett54]

I've just sent discovery to the Plaintiff in a JDB case I'm sued on in Ohio. I've been through several of these and have had each on dismissed to this point. My question is, I know that when they return the discovery their answers will be things like, not relevant, overly broad, etc. Is there way to file a motion to bring pressure on them to answer the questions or admissions more fully?

Thanks!

 

[bmc100]

I do not know Ohio's Rules of Civil Procedure, but there probably is a rule where you need to in good faith send a letter to confer to resolve your issues with the Plaintiff prior to asking the court to intervene.

 

I would send the letter and wait for them to respond. When they respond and state they do not have the information you are asking for, you then attack them with your own MSJ. Discovery responses are considered evidence. What better than getting a written response stating they do not have the documentation needed to prove their case.

[bmc100]

Further, in the letter state that their objections are not warranted. They cannot object on the pure basis that providing a truthful response will create a geniune issue of material fact. Also state, that your request were clear and concise and your requests would lead to admissible evidence.

 

Also state that their failure to repond will make all of their objections deemed admissible. Either way, they are screwed. This is the one area of discovery that most posters on here do not do properly and that is to follow their court rules of discovery and use the letter to confer against a JDB to their advantage.

[beckett54]

Well, the plaintiff responded only by deny everything in my request for admissions. They didn't submit any evidence, documents etc. And now we are past the 30 days they had to respond. Would filing a motion to strike be correct when they finally do send something? Or should I let sleeping dogs lay? There is also a pretrial hearing scheduled for tomorrow.

Thanks!

[shellieh98]

I would think sending a meet and confer letter would be next giving them 10 more days to produce documents, or you will ask the court for a motion to compel.  If they don't respond to your meet and confer, then file a motion to compell  Look in your rules, I believe most say this would be the next step.

[KentWA]

What was the basis of their objections? I was surprised no one picked up on the "irrelevant" argument you had posted earlier. This is a great one if you had crafted your questions properly because then they can not later use it when you have torn their case to shreds since they admitted the material is irrelevant to their case.

[admin]

@beckett54

 

What was the basis of their objections? 

I would like to know this as well.  

[beckett54]

They responded with blanket denials in the admissions request section, and didn't file anything fyrther. No documents, no evidence nothing. They simply ignore the production of any evidence portion of my discovery I sent to them. They are a very sloppy bunch. I have been pro se and beaten this same law firm on 4 other suits. My 2 businesses collapsed in 2008 due to the horrific economy and I have been unable to find a job, so I started getting sued right and left.

[BV80]

@beckett54

 

Read your rules regarding discovery.  As the others stated, you either need to send a good faith letter or a meet and confer letter.  If they don't respond, it may be necessary to file a motion to compel the production of documents.

 

Regarding their blanket denials of your admissions, read your rules regarding admissions.  Do the rules say that they have to explain a denial?  If so, you might be able to use that against them.

 

If the rules don't make that requirement, then pay attention to each admission request, and see exactly what it is that they denied.  Sometimes that denial can be to your advantage.

[nobk4me]

Well, if they won't produce any evidence in discovery, then they won't be able to introduce any at trial.  And if they try it, you need to object.

[shellieh98]

maybe you should bring your meet and confer leter to the court with you for the pre-trial.  You could make the judge aware they have not answered any of your discovery requests, and the 30 days is up. Judge won't like that on their part, and will probably tell them to get busy.

[BTO429]

its called a motion to compel discovery......Under Ohio rules of trial procedure rule 37 failure to make discovery.

Another approach you can take is if they want to play games you can file a motion to deem admitted.

 

Rule 37 para 3

Evasive or incomplete answer.

For purposes of this subdivision an evasive or incomplete answer is a failure to answer.

 

here is a link to Ohio RTP's http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf

look for rule 37

[beckett54]

We had our pretrial hearing and the judge said "your document production is late"....then just out of hand gave them an additional 10 days to produce it. I'm learning that you can fight these things, but EVERYTHING boils down to the judge.

[Spikey]

I've found that judges will usually give special treatment to members of the bar when the opposition is a pro se. 

[beckett54]

Now we're ten days past the extension given by the judge for the Plaintiff to provide their Document Production and still nothing. Now what?

[BV80]

I think in most cases, one would file a motion to compel the production of documents.  However, in your case, since the judge already gave them an extra 10 days, but they still haven't done anything, such a motion might be useless.

 

A motion to preclude might be in order.  That means they can't present any evidence that they haven't already offered.  So, you could motion to preclude the docs you requested but they didn't provide.

 

Hopefully, one of the attorneys here will chime in and let us know if a motion to compel is needed before filing a motion to preclude.

[KentWA]

It might just be me, but I would go for Summary Judgement and get it done. If they try to throw things into their opposition that they should have already provided my reply brief would be asking for sanctions for discovery abuse since the judge has already warned them and given them 10 days.

[racecar]

MOTION TO COMPEL DISCOVERY, OR IN THE ALTERNATIVE, MOTION IN LIMINE

[beckett54]

I followed your advice and filed a Motion to Compel which I have included below. They Portfolio Recovery was the Plaintiff and the dismissed. If anyone finds themselves in a similar situation, this worked for me.

 

 

 

 

 

 

 

 

IN THE ____________ COUNTY MUNICIPAL COURT

         ___________, OHIO

    

XXXXXXXXXXX,    *  Case # 

 Plaintiff,            *

                                *  JUDGE

          v.                    *

                                *

           XXXXXXXXXXX,    *  MOTION AND ACCOMPANYING

             Defendant    *   MEMORANDUM TO COMPEL

________________________________*________________________________

 

     MOTION

     Now comes the Defendant, ______________, pro se, and in the above entitled action, pursuant to O.R.Civ.Pro. 37(A), and moves the Court for an Order compelling Plaintiff, ____________________,  to fully answer Defendant’s First Set of Interrogatories to Plaintiff numbered 1....., as well as to provide production of Defendant’s First Set of Requests for Production of Documents numbered 1...

     MEMORANDUM

     On (date), Defendant submitted by ordinary mail to Plaintiff “Defendant’s First Set of Interrogatories to Defendant,” attached hereto and incorporated herein by reference as Exhibit “A” as well as “Defendant’s First Set of Requests for Production of Documents,” attached hereto and incorporated herein by reference as Exhibit “B.”  Further, the “Verification” that was forwarded to Plaintiff is attached as Exhibit “C.”  To date, Defendant has not yet received any answers, responses, and/or production to either of the aforementioned interrogatories or requests for production of documents.  Defendant contends that Plaintiff has failed to comply

with O.R.Civ.Pro. 37(A) by not giving answers, responses, and/or production within the required 28 days, pursuant to the Ohio Rules of Civil Procedure.

     WHEREFORE, Defendant respectfully requests the Court for an Order, pursuant to O.R.Civ.Pro. 37, requiring Plaintiff to answer, respond, and/or production of the aforementioned interrogatories and requests for production of documents.  Defendant further requests that the Court grant him reasonable expenses in obtaining this Motion, including attorney fees, and other such expenses and relief as are lawful and equitable in these circumstances.  

                              Respectfully Submitted,

 

                              ____________________________________

                             

     CERTIFICATE OF SERVICE

 

     This is to certify that a copy of the foregoing was sent by ordinary U.S. Mail this _____ day of _________ 2013, to __________________, attorney for Plaintiff, at the address of ___________________.

                              Respectfully Submitted,

 

 

 

[BV80]

@beckett54

 

Congratulations and great job!  

 

  ♫ Another one bites the dust! ♫