I am named a defendant on a complaint. My wife was served with the complaint. A few days later, they started discovery on me. I want to bring a motion to quash for service. Will this toll the discovery response date for me ?
Was your wife at your house when she was served?
This communication is general in nature and not to be construed as legal advice or creating an attorney-client relationship. All situations are different and you should meet with and discuss your particular situation with an attorney.
There are issues here. A plaintiff cannot start discovery until 10 days after service or appearance by you in the case. So the discovery may be premature as it is. How many days was it?
If you are successful with your motion, then yes, it will affect the discovery again because the plaintiff cannot propound discovery until later in the action, as stated.
How about you write to the other side and set out your issues with service and discovery. Maybe you can reach a deal that you accept service and agree to a date for response to all the things. Avoid a costly law and motion hearing that way. And the sanctions that can come with it.
Discovery can't be started until a party has appeared in the case.
Thus, either you've filed a response to the lawsuit and appeared, or the Plaintiff is starting discovery prematurely.
If your wife was served and there have been other attempts at service and then the complaint was mailed to you, you were properly served. Filing such a motion when you clearly have a complaint will not sit well with the court. You should contact the other side and try to stipulate to a date for service. Include in your request a date by which the discovery responses will be due.
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