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I Turned Over My Documents but the Other Side Didn't

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  • 02-17-2013, 12:14 PM
    Puckster
    I Turned Over My Documents but the Other Side Didn't
    My question involves child support in the State of: Oregon

    I posted before about the ridiculous items requested from the other attorney. The advice I was given on this site was to not ignore the discovery request and that was the right advice as it would have limited my ability to refuse any of those documents at a later date. So within the 30 day time frame, I responded with my objections to some and turned over those items I didn't object to. At the same time I put in my request to the attorney asking for those things I was willing give. I used the same formats to send my requests and have filed them all properly so I know that I didn't make a procedural error.

    But they never responded.

    At day 35, I sent them a short letter reminding them that the 30 days has passed and to send it immediately. They received this letter last Monday. By Saturday (yesterday) they still have not responded and that was at day 40. Our hearing is set for 27 days from today.

    How do I request a hearing to compel them to turn over the items? I cannot find a form on the county legal website for a motion to compel or anything similar. I am not using an attorney. My ex is using an attorney.

    Thanks
  • 02-19-2013, 07:48 AM
    Mr. Knowitall
    Re: I Turned Over My Documents but the Other Side Didn't
    If your discovery was in proper form and was properly served, you can bring a motion to compel. Check the county law library for practitioner's guides on civil procedure before trial, and you may be able to find a sample motion. You can also check law school law libraries - you can probably get a day pass, but will have to check the policies of the law school(s) where you would be doing your research.
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