I have a family court case that has an evidentiary hearing set for April 18th. The petitioner in this case (the baby's father) has failed to comply with discovery requests now for the third time. I filed a motion to compel and it was granted by the judge and he was given until the 28th of February to comply. He failed to do so. Should I now file for a default judgment or a motion to dismiss for his failure to comply with the court’s order to provide discovery? I am looking primarily to obtain a default judgment in my favor and I'm just unsure what the appropriate form is and what Rules I should site on the form.
Since the petitioner failed to comply with the court's discovery order, you can seek sanctions (including contempt). You would do so by motion (with notice to the other side). Among the sanctions available to you is dismissal of the petition. You should check the judge's individual practices to see how the judge handles the failure to comply with discovery deadlines and orders. Sometimes, judges will say that dismissal will result from a default.
The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.
Sounds like you should file a motion for discovery sanctions, with the requested sanction to be a judgment in your favor.
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