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Is it proper to request an evidentiary hearing in a civil matter when you have not received the requested discovery but the judge will not dismiss the case based on this fact?
Wiki User
∙ 16y ago
A hearing to determine whether evidence can be used. If it was obtained with probable cause or not or otherwise illegally or simply may not pertain to the case
Wiki User
∙ 16y ago
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Is it proper to request an evidentiary hearing in a civil matter when you have not received the requested discovery from Plaintiff but the judge will not dismiss the case based on this fact?
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.
How do you file for a motion to dismiss for failure to answer a discovery?
You file a motion to compel (take a look at federal rules of civil procedure 26 and 37) asking the Court for sanctions against the party. One of the remedies may be to dismiss a claim etc..
What is the prefix of dismiss?
The prefix of "dismiss" is "dis-".
What preposition goes after dismiss?
The preposition "from" typically follows the verb "dismiss." For example, "She was dismissed from her job."
What is the Igbo word for dismiss?
The Igbo word for "dismiss" of the Western African origin is gbasaa.
Elizabethan use of pronoun and verb?
" We dismiss thee." meaning I dismiss you.
What is the noun form of dismiss?
The noun forms for the verb to dismiss are dismissal and the gerund, dismissing.
When was Dismiss the Mystery created?
Dismiss the Mystery was created on 2006-08-29.
When was Lord Dismiss Us created?
Lord Dismiss Us was created in 1967.
Which officerholders can the president cannot dismiss?
The president can not dismiss any elected officials. The only people that he can dismiss are those that he appoints directly, such as his cabinet and ambassadors.
What petition do you need to file to dismiss a restraining order?
In order to dismiss a restraining order, you will need to petition a "Dismiss Protection Order" with the court system.
What is a sentence for the word dismissive?
It is agreed then, we will dismiss him from the force.He will likely dismiss it as a hoax.
