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If I attach a Rule Nisi with my Motion to Compel Discovery, is it optional for me to show up to the hearing?

Hiram, GA |

And can opposing party in lieu of showing up to court merely file a reply via a brief?

Case: Account/Contract (Collections)

My proposed Rule Nisi will state something to the affect of - Let Plaintiff show cause why D's Motion should not be granted (seen this done before by another lawyer), hence why I am asking if I have to show up

Attorney Answers 3


  1. If you request a hearing you should attend the hearing. If you don't wan't a hearing notify the judge that you want the issue to decided without a hearing. Show the Court and the opposing side the same courtesy you woulod want them to show you.


  2. The question is who asked for the hearing. If the court is willing to rule without a hearing, the you do not need a Rule Nisi. If you ask for or the court requires a hearing, you need to show up or the court will not grant you the relief that you want. Most of the time there is no reason for a hearing on a motion to compel discovery, and you need to be sure you complied with rule 6.4 before you proceed which requires you to make a good faith effort to resolve the dispute. Moreover, if they Defendant did not even respond to the discovery at all, you can go for a motion for contempt and skip the compel altogether.

    This is not intended to create an attorney client relationship and none is to be implied either. You must contact an attorney and present all facts before you can and should act on this response


  3. It is always optional to show up in court for civil matters. However, you cannot win a hearing if you are not there to present your side of the matter.

    If you file a Rule NiSi with a Motion, the judge will not rule until after the oral arguments on the motion. The hearing will go forward even if the opposition files a reply. In other words, the opposition's reply will NOT function as "in lieu" of appearing in court.

    I hope this information helps answer your question(s).

    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

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