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Thank You All!!---A Midland Win


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Got a letter tyoday from atty claiming they never recieved Dicovery from me and asking to resend or fax??? I got the signed green card back.

And mailed a copy to the court . This is ridiculous~

Yep, welcome to their game.

So now you resend them to plaintiff's lawyer and also file a motion to compel them to IMMEDIATELY respond to your requests. Include a copy of the signed green card. It will take several days for the judge to rule on the motion to compel but get it in so you have some teeth if they screw around like this any more.

By the way, even my judge granted my motion to compel so apparently this is a pretty big deal.

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Most filings, and I would think that discovery requests, go over the weight limit that would be a standard letter. When you pay for your postage, they weigh the envelope to determine what to charge... I noticed when I was making motions, I was paying more than when I sent a one page CRA dispute.

 

So they can try to make the argument that the envelope was empty... Let them dig that hole and you beat them with math and a receipt.

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Az, e-mail or fax them. They don't take the game personally because you are just a number to them... You have to try not to either. If discovery became an issue, they would show the judge the letter and say they made a good faith effort to get them after a mailing snafu. They suck, but send them anyway. Not for them, but for you. 

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I am going to send a copy of the card and receipt and a motion to have the RFA's deemed admitted tommorrow. Defendant's don't get 2d chances why should scummy atty's. Will be looking at sanctions for this.

 

And working on my MOSJ because the SB judge will probably NOT rule on my MET in time.  Wow feels good to get fired up!

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Az, e-mail or fax them. They don't take the game personally because you are just a number to them... You have to try not to either. If discovery became an issue, they would show the judge the letter and say they made a good faith effort to get them after a mailing snafu. They suck, but send them anyway. Not for them, but for you.

Agreed. Definitely take the high road and send them again. Just make sure you get the motion to compel filled and make sure you demonstrate they eye o sent before and you're the good guy by sending them again.
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Reading about the superior court judges and how much they HATE ruling on discovery  I saw 37(a)(2)© Said before filing a MTC a meet and confer must take place.

Ok. I was looking at rule 16.

So 37(a)(2)(c ) says "moving counsel". You don't have counsel. The other thing is the JCRCP stripped this requirement from pro se litigants but still requires represented parties to comply.

If this were me, I would send an email and tell them you know they got the first copy of your RFAs because you have a signed return receipt and tell them they have 5 days to get them back in your hands, and if they don't they will be having to explain to the judge why, despite you having proof they received the first set and a second set and a follow up email from you, you had to file a motion to compel to get your answers. They won't care, but you are establishing a record of good faith efforts.

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This is what the rule says:

Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within (40) days after service of the request ... the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney.

There's nothing in there that I can find that says anything about a motion to compel or even that you have to move to have them admitted.

Edit: the rule on a motion to compel does not include RFAs either, so I would say, per the rule, they have already admitted everything you asked. If it were me, I'd let them have the extra 10 days and then move forward as if the RFAs were admitted.

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