Saturday, January 14, 2012

Can I ask for a default after a second motion to compel?

The first motion was filed to order the discovery be turned in for an annulment. The period to turn the answers has come and gone. My lawyer recommended a second one to be filed. Can we request for a default on this one? How many motions do we need to file?Can I ask for a default after a second motion to compel?Is it with the court rules that a party to a law suit who fails to produce documents in a discovery phase, be sanction by a default/judgment entered against them? yes, its on the books but it is a harsh consequence and in general does not serve the public good so judge many times will seek as your lawyer advises and serve another motion to compel versus asking for the harsh penalty of defaultCan I ask for a default after a second motion to compel?Ask your attorney....he knows far more than we.
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