If the other side failed to answer discovery per a complaint they filed against you, what is the most ideal motion to file?
3 attorney answers
If OP continues to fail to respond, best process forward is to follow steps:
1. send proper meet and confer notice
2. file Motion to Compel
-Failure to answer discovery is not a basis for dismissal or summary judgment.
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If they do not respond, file a Motion to Compel after a proper meet and confer. Failure to answer discovery is not a basis for dismissal or summary judgment.
It's not clear what "evading a complaint" means or what "failing to respond to their own complaint" means. Just because a party hasn't propounded its own discovery requests yet doesn't mean they won't, and doesn't mean they don't already have enough proof of their claim.
You should be eliciting discovery to prove your own claim and disprove their claim. Since that procedure can take months and may require you to compel responses if you're right that they won't respond, it's premature to think about dispositive motions.
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