If a party refuses to answer Discovery in a civil case, you can file a Motion to Compel, requesting that the court compel them to answer.
They lose
No. As long as the complaint sets forth sufficient allegations of fact to support a finding that the debt is due and owing the case moves along to the point of discovery. The whole purpose of discovery, and therefore a motion to compel discovery when discovery is refused, is to ascertain the facts supporting the allegations that the debt is due and owing. Another point is that discovery is a process that takes place prior to the trial and the trial is where plaintiff proves its case. Therefore, a motion to compel discovery necessarily precedes proof of the debt.
The discovery phase in a pending lawsuit is the period where both parties can request and exchange relevant information and documents related to the case. This phase helps each side understand the other's evidence and build their legal arguments. It includes procedures like depositions, interrogatories, and requests for documents.
Counterclaim under FRCP 13.
The only one who can file a contempt motion is either the Defendant or Plaintiff. Motion for Contempt is filed when the conditions of a court order have NOT been met and it is a request for immediate (as immediate as you can get through the courts) resolution.
The plaintiff loses.
I am the Plaintiff a Pro Se who submitted Production of Documents and Interrogratory's to the Defendants in a Employment Race Discrimination case. The Defendants refuse to comply with the Court and release to the Plaintiff the Interrogratorys and Production of Documents. The Plaintiff has to write a Motion to Suppress release to the Court in order to get the Court to order the Defendants to complay. How dose the Plaintiff write a Motion to Suppress?
Motion for extension of time or motion for enlargement of time
Either the plaintiff and/or his or her legal representative must be in attendance or the hearing will be dismissed with or without prejudice.
This question touches on several issues. (1) you can file a motion requesting an evidentiary hearing if you like - it will either be granted or denied. (2) If you have filed for discovery then the plaintiff MUST comply with the order - the question then becomes, how much time is enough time to produce it? (3) The judge may not be inclined to do a full dismissal of the case, pending the delivery of the discovery material. How do you KNOW the judge won't dismiss the case? Have you filed a motion for dismissal and been denied? If so, the denial should have stated on what grounds the request was denied.
A motion for discovery is when a request is put in to the court to order the opposing part to produce discovery materials. Depending on whether the matter is a criminal or civil case discovery materials vary.
The Plaintiff's motion for summary judgment is asking the court to rule on all pleadings that have been filed in the case. This happens if one of the defendants has filed an response or answer. The Plaintiff will usually ask for judgment when filing a motion for summary judgment.