Fighting Back Against Defense Lawyers Who Won't Respond to Discovery

If you are handling cases on either side of the v, you have dealt with lawyers who simply won't respond to discovery without a motion to compel. Some lawyers, all counsel but particularly defense lawyers, think discovery is due after the court grant a motion compelling answers.

The key, and I can't emphasis this enough, is to file the motion early. If you sleep on your rights, a court might hold your feet to the fire and say you should have jumped on it earlier and now it is just too late to get meaningful relief. Delay might also limit your ability to deal with inadequate responses and will make it harder to get out in front of the case.

Take home message: push early and often for responses and when they don't comply, file a motion to compel quickly. (It is the world's easiest motion to file.)

Here is a sample motion here:

[ladyvirgo]

What about Plantiff? My husband filed for divorce yet, 5 months later hes refused to turn in discovery

[cesarmartinez]

How i can get the aplication motion to compel

[albarths.r]

If someone claims to have video & not in the Discovery but attorney said they been asking for it & they sent messages but hasn't been getting answers back from the prosecutor.