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Evasive discovery responses

Las Vegas, NV |
Filed under: Litigation

Plaintiff has been given ample opportunity to revise his responses so they are proper. Unfortunately he is still being evasive. What is the next natural step? Motion to strike answers? Motion to dismiss? Motion for sanctions? Any other Motion?

Attorney Answers 3


  1. If you want to compel a proper response to your discovery requests, a motion to compel would be appropriate. In federal practice, the governing rule is FRCP 37. Good luck.


  2. In addition to the response above, a motion to compel is also recognized in the Nevada Rules of Civil Procedure. Your motion will be heard by the discovery commissioner who is usually very firm with evasive responses. I would suggest you first look at the discovery commissioner opinions listed on the state bar website that will give you an idea of how they are dealt with.


  3. More specifically, check out the local Rules for the Eighth Judicial District Court at http://www.leg.state.nv.us/courtrules/EighthDCR.html. Check out Rule 2.20 and 2.34. Also, make sure to keep track of all attempts to resolve the issue as these will be needed in any Motion filed to the Discovery Commissioner via Affidavit or attaching copies of the written communications.

    The Discovery Commissioner will determine whether or not the Plaintiff need provide amended answers and what sanctions, if any, and will be awarded at that time and in the future should the Plaintiff fail to amend the answers appropriately.

    Hope this helps.

    /s Donald Kudler
    http://www.NeavdaLawOnline.com

    This answer does not create an attorney client relationship and does not constitute legal advice, but is solely the opinion of a Nevada Attorney.

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