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Procedural Error in my Discovery - Didn't get response


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Good morning,

 

I'm looking for some advice.  I submitted my answers in time and also submitted my own discovery to Midland's attorney.  However, I did not provide any language about making an electronic copy available, which is in Ohio's rules.  I also didn't require them to notarize their answers, but I'm not sure if that's required.  

 

It's been over 30 days now and I haven't received a response.  We are due back in court next week.  Should I resubmit my discovery with the corrections and give them another 28 days or should I wait until we are back in court?

 

 

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I would send a meet & confer. They may not have even noticed the missing language. See how they respond to the meet & confer letter and maybe the judge can help clear it up at your conference next week. If you bring up the fact that they haven't responded at the conference the attorney will have to state why and the judge can rule on whether or not they should respond or you should re-file.

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Very informal as well. Don't get too hung up on formatting. Make sure you reference the case number and the court and tell them they did not repond to your discovery requests and if they don't you'll file a motion to compel.

 

Word of warning: If you write this (and you should) make sure you DO file the motion to compel if they do not respond after 10 days. If you threaten legal action (which you are with this letter) and don't follow through, they will know they are in charge and running the show.

 

If the rules allow you to do it, do it. That is a defendant they want no parts of.  :)%

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your name

your address

their name

their address

case number

 

meet and confer

Dear junk debt buyer

I write to meet and confer about plaintiff's insufficient and late

responses to Defendant's First Request For Production of Documents.

Unless plaintiff agrees in writing to fully answer each response in 10 days

defendant will be forced to file a motion to compel further responses.

For your convenience another copy of defendants request for production has been included

in paper form and on cd-disk.

Sent with a certificate of service, sent certified mail return receipt.

respectfully submitted, my name

 

 

 

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