What is the next step if the Plaintiff does not comply with Defendant's request for documents and interrogatories?

Asked almost 2 years ago - Whitman, MA

The order after pretrial conference states discovery should be completed by a certain date. That was almost 2 weeks ago and still have not received documents or answers. What should I do?

Attorney answers (4)

  1. Adam William Vella

    Contributor Level 11

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    Answered . Send a certified letter to them asking when you can expect to receive the materials requested. If still no response, file a motion to compel with the court.

    A. Will Vella is an Massachusetts licensed attorney who focuses his practice on small business, family issues, and... more
  2. Philip W. Mason

    Pro

    Contributor Level 18

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    Answered . I concur with attorney Vella, but would recommend that you add to your motion to compel a demand for sanctions and attorney fees, and possibly a motion to dismiss (depending on the case).

    This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an... more
  3. Christopher W. Vaughn-Martel

    Contributor Level 17

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    Answered . You actually have a number of options here depending on the circumstances. You will first want to make a documented effort to bridge any areas of disagreement with the other party. If that does not work, you have the right to a dismissal procedure under Rule 33(a) concerning Interrogatories. You also have the right to bring a motion to compel in both instances. If your case is important to you, now may be a good idea to retain counsel and protect your interests.

    Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts.... more
  4. Gary S. Sinclair

    Contributor Level 13

    Answered . I agree with Attorney's Mason and Vella and would ask, where is your attorney and how come he or she isn't answering these questions for you? Best of luck!

    Gary S. Sinclair is an attorney licensed to practice in Massachusetts. If you wish to contact me or any other... more

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