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  1. #1
    Join Date
    May 2011
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    21

    Default Opposing Counsel Not Complying with Discovery

    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.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Opposing Counsel Not Complying with Discovery

    If they are playing the hide and seek game, they'll play it as long as the judge will allow it.

    Normally federal judges don't like playing this game like states do. But your against the goberment.

    So I would file a motion to compel the day after they are late.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    73,120

    Default Re: Opposing Counsel Not Complying with Discovery

    When you file a motion you have to abide by the court rules in relation to noticing your motion for hearing.

    If the other party does not comply with discovery you can bring a motion to compel; the may respond that your discovery request is somehow flawed or improper.

    If you choose not to pursue the matter you're not making a case that "they will follow the rules only when it suits them". You're simply not pursuing the matter.

  4. #4
    Join Date
    May 2011
    Posts
    21

    Default Re: Opposing Counsel Not Complying with Discovery

    I will make note of the words contained in my fourth paragraph, "for those with experience". Do you have specific experience with this issue? If not, perhaps you should have refrained from commenting?

    The Defendant has had plenty of time to object to my RFP, and the hearing notice I have does not reference my RFP.

    In posing a question, within the context of "etiquette", attributing my situation to "You're simply not pursuing the matter" is questionable, at best.

    Please make an effort to pay minimal attention to the elements of a post before you offer comments of such poor quality.

    Thank you.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,120

    Default Re: Opposing Counsel Not Complying with Discovery

    Okay... You want to be an ass. As far as I'm concerned you're on your own.

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Opposing Counsel Not Complying with Discovery

    Quote Quoting davidmcbeth3
    View Post
    If they are playing the hide and seek game, they'll play it as long as the judge will allow it.

    Normally federal judges don't like playing this game like states do. But your against the goberment.

    So I would file a motion to compel the day after they are late.
    I forgot .. you must first try to resolve these issues prior to filing a motion to compel...so call the opposing consul and say "where are my docs?" .. from there if you are not happy then file a motion to compel

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