After the first pre-trial conference, court ordered to submit a joint memo before the second pre-trial. The first draft from plaintiff was supposed to come 3 weeks before the trail. After repeated attempts from defendant, plaintiff submitted a memo 3 days before the trial.
Plaintiff had initially submitted an incomplete discovery to the defendant and still has not provided a complete discovery response. They are changing facts, etc. They asked me for a discovery, which I did not respond to yet because I was waiting for their claims to come in through my discovery. Court asked both parties to talk through the discovery.
With such a response from Plaintiff - what all motions should I file before my pre-trial for an eviction trial? Motion to Dismiss, Motion of Contempt?? any other motions that I should file?
If the plaintiff has not responded to a court order, you can file a motion for contempt. But in this case, what's more likely is that at the pre-trial the case will be extended for failure to comply. Your obligation to respond to discovery is not predicated on their obligation to respond. Both sides could file motions to compel in this case in order to finish discovery. If you already have a pre-trial coming up it's likely the motion will be heard then, so make sure you serve it soon enough to be heard and follow all civpro rules. Without actually looking at the facts of your case it's uncertain whether dismissal is possible or a good idea. I would definitely contact an attorney to help you work through this as the rules can be complicated.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline