Should I file a motion to dismiss or a motion to compel if the plaintiff has not filed a timely discovery request?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should I file a motion to dismiss or a motion to compel if the plaintiff has not filed a timely discovery request?
My husband is being sued by a debt collector. He received the summons, answered the complaint, and isnow in discovery. My husband requested a pre-trial and the judge ordered both sides to exchange discovery before the trial. He mailed out his discovery request for the plaintiff by the due date the judge had ordered but he has not received the plaintiff’s discovery request yet. It’s been a week past the date that the judge ordered them to exchange. What motion should he file?
Asked on October 21, 2011 under Bankruptcy Law, Arizona
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A motion to compel would be appropriate. Sanctions (court-imposed fines) can also be requested with the motion to compel. Prior to filing a motion to compel, there is a meet and confer requirement with the opposing party.
Since your husband is the defendant, he would not be able to file a motion to dismiss.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.