My question involves medical malpractice in the state of: Virginia
Hi all, I understand the concept of Motion to Compel Discovery, so my question is a matter of etiquette. I filed a Request for Production 28 days ago. Response time in this circumstance (Federal District) is 30 days. The Defendant has not responded to my RFP in any way, and they have less than 48 hours to comply with Discovery. I strongly suspect the Defendant will not be able to meet the deadline.
Here is the background. I requested all information from the Defendants computerised medical software that has my name anywhere within it, or anything that references me in any way shape or form. Pretty simple, and out of the 157 facilities under the control of the Defendant, I only requested data from 2 hospitals.
Now, we are having a hearing before the Magistrate in exactly one week, Monday the 26th to be exact. I consider bringing a Motion to Compel with me for that hearing, as it will occur 5 days after the deadline. I plan to ask the Defendant in court why they have not complied with Discovery. If their answer is simply to request more time, no sweat, I will allow them another 2 weeks. If their answer is not adequate, or dismissive, I will hit them with the Motion to Compel right there in front of the Magistrate.
So my question is, for those with experience, how long should I wait to force the issue? Should I allow the Defendant to establish that they will follow the rules only when it suits them? Should I nip this sort of unprofessional conduct in the bud immediately? This is my first go at Court, I am pro se against a massive Federal agency, so any feedback would be appreciated.