OC filed a motion to quash with a post-trial hearing date and have no intention to file OST or continuance to accommodate his motion and I can not file OST for his motion. I need to file motion to compel production and ex parte OST for this motion to compel. In my an ex parte OST for my motion to compel, can I request that OC's motion to quash be heard at the same time should the court grant my OST and a pre-trial heariing date? This is a civil case.
If you file your motion to compel and it is heard on shortened time, one of the responding party's defenses will be that service was improper, as argued in his motion to quash. The court will have to decide that issue in deciding your motion to compel. Essentially, then, your motion to compel will force the issue of service that is raised in the other side's motion, which will make that latter motion moot.