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Answered 2012-06-28 21:44:35

You file a motion to compel, and ask the court to order them to do so. You also ask for attorney fees for the cost of bringing the motion.

If they still don't do so, you ask for sanctions (such as dismissing their complaint or a defense).

Yes, you file a motion to compel - but, attempt to work out the reasons why they haven't responded within the deadline to respond. Most judges do not want to be dragged into discovery disputes. If you can't work it out with the other party, then file a motion to compel.

You would not ask for attorney fees as part of that motion to compel. That's an entirely separate issue from discovery. Also, I highly doubt a judge would dismiss an entire claim over a discovery issue. Generally, if the judge is dragged into it, you or your attorney (hopefully you have one) would have a telephone hearing with the judge & other side over why they won't answer the interrogatories. Then the judge makes a ruling on that - sometimes the other side DOES have a legal argument for not answer some of the interrogatories.

So, attempt to work out the issue without court involvement, if that doesn't work, file a motion to compel discovery and the court will take it from there.

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sofianoviello
Answered 2020-06-30 19:57:02

Usually it is because you are not being honest and you have entrapped them to do a crime and they know that it is your fault and by talking to you they implicate themselves and things can get worst for them. I would say to the victim, it doesn't matter what you say. When you understand that the government (which are working for you, the people) are misbehaving, do everything that a person in need would do to test their integrity and ability to do the job. Cooperate with them and do your part. They are under watch. No one is untouchable. We pay the government to govern us in the most benevolent way possible. This means they need to find a solution that benefits all parties. When the government meddles in people's lives and makes them break the law and then punishes them for it, it is not a good government and it should be dissolved or replaced with a better government. Why are we paying these individuals to control us and tell us what to do and put us in a worst place then we started? Are we stupid or are we a part of this and only a certain group of people are being persecuted? Either way, when the government is this messed up, the system is not fair to anyone. Let's create a better world.

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