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  1. #1

    Default Discovery Not Produced, Filed Motion to Compel

    My question involves court procedures for the state of: IL
    I filed a motion for discovery, the judge granted it.They didn't produce discovery. I notified the plaintiff that I hadn't received disc. and my intent on filing a motion to compel. The plaintiff didn't produce discovery and we have a hearing tomorrow for my motion to compel.
    ? They aren't going to produce requested discovery, do you think it will get dismissed and cancel the trial date or will they continue to trial?
    Thanks in advance

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    Default Re: Discovery Not Produced, Filed Motion to Compel

    Generally speaking, a court will only impose a significant sanction upon a party if they violate an order compelling discovery. Dismissal is an extreme sanction.

  3. #3
    Join Date
    Feb 2011
    Posts
    400

    Default Re: Discovery Not Produced, Filed Motion to Compel

    Depends... Whether the plaintiff has sufficient evidence to support their claim without the discovery at issue. Just because you demand something that is not readily available is not in itself a basis for dismissing plaintiff's suit.

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