I have served discovery requests (Production of documents, Admission & Interrogatories) to plaintiff. Attorney for plaintiff responded but provided incomplete responses and mostly objected to requests:
*Production of documents - did not provide docs requested for inspection and copying to a place designated but provided incomplete and copies not requested instead.
*Admission - mostly denied & objected but wasn't specific why
*Interrogatories - mostly objections and was not signed and verified (under oath)

OBJECTIONS:
*Irrelevant to the Subject matter
*Calls for Legal Reasoning
*Compound
*Unintelligible
*Vague and Ambiguous
*Overbroad
*Unduly burdensome
*Premature disclosure of expert witness
etc.

Do I file in Court and serve plaintiff Motions to compel further responses to interrogatories, requests for productions of documents and requests for admissions?
* Last updated by: NORA1 on 12/11/2013 @ 3:23 PM *

As the course explains, when the opponent (predictably) resists discovery with bogus excuses, a Motion to Compel should be filed AND SET FOR HEARING AS SOON AS POSSIBLE! Of course, one's requests must be "intelligible", one-subject one-verb, relate to specific time period, and otherwise follow the teachings in the Discovery of Evidence tutorial.
* Last updated by: Jurisdictionary on 12/11/2013 @ 4:23 PM *

Thank you - I appreciate the quick response. What an excellent legal resource. Followed the teachings and now I have to look for the appropriate form for the motions.
* Last updated by: NORA1 on 12/11/2013 @ 6:05 PM *

Without knowing your home state, there maybe a time limit for discovery and then similar time frame for motion to compel. Do not overlook the power of this strategic tool.

Recently, I was involved in a civil case in New York where I filed a motion to compel documents and depostion. The oposing attorney was very surprised that the Judge heard my request and granted the order to compel.
* Last updated by: CHRIS4 on 12/11/2013 @ 6:47 PM *

I am having a similar experience as NORA1 re: discovery. Few answers, objections (not relevent etc.). Filed several motions to compel with limited sucess. Most recent motion to compel was denied because judge said I was not following the rules. I was supposed to try to work out discovery issues with opponent before filing motion to compel. I understand the rule now but am not sure how I am to approach opposing council to discuss their lack of compliance with discovery, and thus comply with the rules. They have fought me every step in obtaining documents. This is a foreclosure case and I am attempting to get accounting records and other documents that will prove a chain of title or disprove plaintiffs manufactured assignment. It took me three hearings to get the PSA (pooling and servicing agreement) which is a crucil document in this case.Advice on how to approach opposing council before filing motion to compel? I am considering requesting a discovery conference instead of filing motion to compel, to work out remaining discovery issues. Any suggestions appreciated. Thanks!

Call then follow up with letter, fax, and email stating, "This will confirm out conversation at 10:15 a.m. today and that you refused to XXXXXXXXXX. I will proceed to file my Motion to Compel now and set it for hearing. Act accordingly."

Then, you can add to your motion that you made a good faith effort to resolve prior to filing your motion.

Thank you for your help. Along with the discovery work, I am preparing a response to the bank's motion for summary judgement, a motion to strike or in limine, to exclude an affidavit as hearsay, and to schedule possible deposition(s). I think I will hold off on depositions until I have a hearing on the discovery issues. I am not sure how the judge is going to feel about this as he denied my previous motion to compel (because of not complying with the rules) and in his order, gave me leave to conduct depositions. On top of all this, I go to work 6 days a week to pay the bills. I am praying more frequently and relying on God's help and your course, and I think I can handle this. (Your prayers are appreciated.)

Prior to filing a motion to compel, you must show the judge that you made several attempts to resolve discovery issues - aka "good faith effort" by show of certified letters, emails, fax with date, time, etc. These items should be attached to your motion.

Review the rules for your state file all necessary materials with your motion papers. The judge cannot grant a motion to compel without amunition. Arm the judge in your favor.

Summary judgement is a separate issue from discovery. review the rules and the laws in your state.

Motion in limine is a separate issue from discovery as well. In New York, this motion is filed after discovery has been completed and trial is scheduled.

I have not filed motion to compel due to the requirement in Contra Costa County (California) as stated below:

Discovery Facilitator Program
"In an attempt to avoid protracted, costly and unnecessary discovery disputes, effective February 11, 2013, the following Departments are requiring parties to participate in the Discovery Facilitator Program prior to filing a motion in Court to compel discovery, unless the judge specifically orders otherwise..."

I have forwarded to the ADR Dept. Request For Assignment of Discovery Facilitator (Form ADR-610 Rev.6/28/13) and will participate in the program. I haven't checked if this is the same for all counties or states.
* Last updated by: NORA1 on 12/28/2013 @ 8:20 PM *

Hello Nora,

I'm still taking in all he subtleties of the Discovery Process, but I had a thought. Since you are having difficulties with the other forms of Discovery (Production, Admission, Interrogatories), have you tried using the Subpoena to get the documents you need? Specifically "subpoena deuces tecum" to get those "original" documents. The 5-hour video on subpoenas covers this very succinctly.

Another strategy I'm trying to comprehend is filing "Habeas Corpus".

Technically your Liberties are being restrained by these actions against you...even though you have not been "physically in prisoned". And just like the person who has been in prisoned, the opposing party need to:
1. Present their authority to "restrain your liberties", by way of their complaint against you, and
2. To produce the "original" legal documents that they allege allows them to restrain your liberties.

Using the Habeas Corpus may also be an appropriate way to circumvent this Discovery Facilitator process you describe.

I'm sure there is a way to cleverly present a Habeas Corpus defense in your cause to get your opponent to produce the documents you demand. BE CREATIVE!
This is still a work in progress for me. I solicit comments from others on this thought process.

My disclosure: I have zero legal training or experience. I'm just presenting "my opinions" on what I have read so far. Good Luck!

I have a hearing before a Magistrate about a civil matter. I wrote the request for discovery incorrectly, but the opposing attorney responded, by stating " That the Rules of Construction governing actions and proceedings before District Magistrates, and specifically Rule 210, prohibits the following practices: The use of depositions or interrogatories for discovery or use at a hearing."

I have looked all through the Pennsylvania Rules of Civil Procedure and the local rules. In both I have not seen anything of the sort. What can I do? My hearing is on Tuesday.

Thank you

I served a subpoena on defendants,there attorney claims I did not file a Pa R. Civ. 4009.21 giving them a 20 day notice before serving the subpoena. I believe this falls. They refused to respond the subpoena
* Last updated by: DON2 on 6/11/2018 @ 10:36 AM *