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What court do I file a motion to compel for documents that I haven't received?

Tacoma, WA |
Filed under: Discovery Civil motions

I have custody of my two sons. I requested my ex-girlfriends 2012 W-2's, 2012 Federal taxes, and her bank statements 3 times since April of 2013 and also talked with her attorney about getting copies . . to this date (July) I have not received the copies I requested . . can I file a motion to compel through ex parte or does it have to go through the judge or the commissioner? Or do I have to file a formal motion of discovery first . . thank you

Attorney Answers 2


And build on the previous answer, you need to go read CR26. After you serve formal discovery, you have to allow the 30 days to pass. If you don't get the responses, you have to write and set up a CR26(I) conference with the other attorney. That has to be a "contemporaneous communication" - typically a phone call, sometimes a face-to-face meeting. The other attorney should give you a firm date by which you will get what you requested. You need to have a written record of your request for the CR26(I) conference, and ideally a written record (a letter) confirming your expectations at the end of the conference. Keep those letters. If you do not receive the answers as promised in your CR26(I) conference, THEN you can move the Court for an Order Compelling Answers and for sanctions. If you get ahead of yourself, the Court cannot help you and you are back to square one. Also, this is not an ex parte problem under any circumstances.
Elizabeth Powell

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In order to comply with the discovery rules, you first must serve a request for production. They then have 30 days to respond.

Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements

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