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Nc general district civil court. Me, pro se plaintiff and def to counter. Advice for filing summary judgment

Lincolnton, NC |
Filed under: Litigation

Been dealing with a case as pro se plaintiff for a year now and counterclaim from defendant who is represented..case has been continued 3 times now. Since day one, defendant has not responded to request for production or interrogatories.today was calendar call for next week jury,non jury session. Defendants attorney who also never responded to our motions or requests stated he recently learned his client has moved to connecticut and he found this out by calling him.
Defendant never notified me. Or the courts he has moved. Judge set premptory setting hearing for nov 14 session. Since defendant and attorney never responded to our motions and requests, should I file motion for summary judgment? I've filed in the past 3 months motion to compell and nothing. Trying to weigh options.

Attorney Answers 2

Posted

If the other side has not answered discovery and it is past due, you need to file a Motion to Compel them to answer. When you file it, go ahead and get a court date so you can serve a Notice of Hearing at the same time. You need to get this heard well before the trial date.

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Posted

Thank you so much. I filed the motion to compell a few months ago but figured the court would schedule it and send me the notice. If defendant moved out of state and a premptory trial is set for nov 14 can I still request a date for motion hearing?

Bobby L. Bollinger Jr.

Bobby L. Bollinger Jr.

Posted

Sure. The party does not have to appear personally, he can send his lawyer to the motion hearing. Sounds like you just need to schedule the motion you already filed. Make sure you send out the notice of hearing. You can schedule by calling the trial court administrator.

Asker

Posted

Update- This case has been continued MANY times by defendant and his attorney, over a year and half now. Def moved out of state without notify court or ourselves. At Calendaring, The judge set a peremptory setting for Nov 14th and said it WOULD be heard on that date no matter! Now, defendants attny informes me, 1. he did send me answers to interrogatories in May ( i never received and he is unwilling to verify), I asked if we could meet at his office to give us again in person. "nope". Now in an email, def attny states the case will not be heard on Nov 14th being def daughter is getting married in TX that week, and the judge has signed a paper to hear the case after 1st of year? this is 4th time of continuance. Def attny stated they had no obligation to notify the courts, or myself def moved out of state or offer a forwarding address. Im not sure what to do. It seems in that small town, EVERYONE knows each other. This attny has been around 24 years, office is 2 bldgs down from courthouse. The court bends over backwards for them, but us, pro se plaintiffs never get a response to motions we file, yet this attny gets them asap! they bend over backward to accommodate this defendant , if it had been me who missed calendaring because I moved out of state , the case would have been thrown out! HELP??? anyone please??

Posted

Motion for an Order Compelling Disclosure or Discovery.

discovery in an effort to obtain it without court action.

(2) Appropriate Court. A motion for an order to a party must be made in the court where the action is pending. A motion for an order to a nonparty must be made in the court where the discovery is or will be taken.

(3) Specific Motions.

(A) To Compel Disclosure. If a party fails to make a disclosure required by Rule 26(a), any other party may move to compel disclosure and for appropriate sanctions.

(B) To Compel a Discovery Response. A party seeking discovery may move for an order compelling an answer, designation, production, or inspection. This motion may be made if:

(i) a deponent fails to answer a question asked under Rule 30 or 31;

(ii) a corporation or other entity fails to make a designation under Rule 30(b)(6) or 31(a)(4);

(iii) a party fails to answer an interrogatory submitted under Rule 33; or

(iv) a party fails to respond that inspection will be permitted—or fails to permit inspection—as requested under Rule 34.

(C) Related to a Deposition. When taking an oral deposition, the party asking a question may complete or adjourn the examination before moving for an order.

(4) Evasive or Incomplete Disclosure, Answer, or Response. For purposes of this subdivision (a), an evasive or incomplete disclosure, answer, or response must be treated as a failure to disclose, answer, or respond.

(5) Payment of Expenses; Protective Orders.

(A) If the Motion Is Granted (or Disclosure or Discovery Is Provided After Filing). If the motion is granted—or if the disclosure or requested discovery is provided after the motion was filed—the court must, after giving an opportunity to be heard, require the party or deponent whose conduct necessitated the motion, the party or attorney advising that conduct, or both to pay the movant's reasonable expenses incurred in making the motion, including attorney's fees. But the court must not order this payment if:

(i) the movant filed the motion before attempting in good faith to obtain the disclosure or discovery without court action;

(ii) the opposing party's nondisclosure, response, or objection was substantially justified; or

(iii) other circumstances make an award of expenses unjust.

(B) If the Motion Is Denied. If the motion is denied, the court may issue any protective order authorized under Rule 26(c) and must, after giving an opportunity to be heard, require the movant, the attorney filing the motion, or both to pay the party or deponent who opposed the motion its reasonable expenses incurred in opposing the motion, including attorney's fees. But the court must not order this payment if the motion was substantially justified or other circumstances make an award of expenses unjust.

(C) If the Motion Is Granted in Part and Denied in Part. If the motion is granted in part and denied in part, the court may issue any protective order authorized under Rule 26(c) and may, after giving an opportunity to be heard, apportion the reasonable expenses for the motion.

(b) Failure to Comply with a Court Order.

(1) Sanctions in the District Where the Deposition Is Taken. If the court where the discovery is taken orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of court.

(2) Sanctions in the District Where the Action Is Pending.

(A) For Not Obeying a Discovery Order. If a party or a party's officer, director, or managing agent—or a witness designated under Rule 30(b)(6) or 31(a)(4)—fails to obey an order to provide or permit discovery, including an order under Rule 26(f), 35, or 37(a), the court where the action

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