Motion to Compel Interrogatories - Was it done correctly? This is for a Custody Case
Prince Frederick, MD |
Filed the motion to compel on 05/14/2013 after opposing side (at the time was prose) did not answer within 30 days. Were we supposed to do anything else? I heard something about "good faith"? Thank you
Before filing a motion to compel discovery/sanctions in a discovery dispute you are required to attempt to resolve the dispute in good faith. This can be done by sending a couple of letters and phone calls and giving the other side one more chance to respond or at least acknowledge the mistake and fix it. If the other side, within a reasonable amount of time does not respond to your good faith requests, then you can file a motion to compel and ask for sanctions. You can provide the court with copies of your letters and explain your other attempts to resolve the dispute before court. If the court is satisfied that you have attempted to resolve the dispute in good faith, then the court may order the other party to answer plus sanctions against the other side. Discovery can be complex, I always recommend speaking with an attorney.
www.mdappeals.com - This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
Before you can file a Motion to Compel and/or Motion for Sanctions, you must make "good faith" attempts to resolve the discovery dispute. This includes calling and/or writing the opposing side to try to get the side to produce the discovery. Courts really don't like to get involved in discovery disputes, so the protocol is to try to resolve it yourself first.
Your Motion to Compel will not even be considered by the court if it does not have the Rule 2-431 Certificate of Good Faith with it. If you did not file the Certificate, expect your motion to be denied.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.