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Court Question

CrystalRE's picture

Submitted by CrystalRE on Tue, 01/10/2012 - 2:51pm

Does anyone know if there are penalties for failing to answer discoveries by the deadline? BM is taking us to court of a number of things. Our court date was set back in November for the first of February. She was due to return discoveries on December 28th so we could prepare for court but still has not returned them.

Comments

not2sureimsaneanymore's picture

Submitted by not2sureimsanea... on Tue, 01/10/2012 - 2:59pm

SO missed one because his lawyer was careless. I don't think much happens... a discovery request is just a request. They would have to petition the courts to force you to answer. We just apologized for the delay and the court date both lawyers agreed to got moved later.

RaeRae's picture

Submitted by RaeRae on Tue, 01/10/2012 - 7:30pm

DH's attorney filed contempt because BM did not turn in documents requested in the discovery. She ended up being found in contempt and having to pay DH's attorney $500 fees, and had to turn in the documents or face jail time.

CrystalRE's picture

Submitted by CrystalRE on Wed, 01/11/2012 - 8:54am

Thanks for the info everyone. I do not want anything "bad" to happen to her, just want her to turn them in so we can prepare for trial. I also think its pretty inappropriate that she ignores the deadline, costing us more in attorneys fees by having to constantly send letters to her lawyer/call requesting her responses.

RaeRae's picture

Submitted by RaeRae on Wed, 01/11/2012 - 11:06am

That's what contempt is for. File contempt, motion to compel, and ask for attorney's fees. Chances are, she won't be thrown in jail, nothing bad will happen, but it will give you a better standing in court if she is in fact found in contempt.