Re: whychat..your take?

Posted by lawguy (216.30.212.58) on April 01, 2003 at 15:08:39:

In Reply to: Re: whychat..your take? posted by anon1 on March 30, 2003 at 18:58:32:

If they fail to properly respond, or if they object to, interrogatories or requests for production within the set time period, then YOU must file a motion to compel discovery (See Civ. Pro. Rule 37 or your correspondign state rule). The court will hear the motion and determine whether they should respond to your discovery requests. If they fail to respond to the courts order pursuant to a motion to compel discovery, THEN you make a motion for sanctions. Then the court can sanction them. The court can also find them in contempt of court on its own if it finds that their conduct is willful, negligent, malicious, etc.. You can't make a motion to find them in contempt of court, only to compel and to sanction.

Typically, contempt or sanctions relating to discovery result in monetary sanctions, dismissal of claims or defenses, or exclusion of evidence. Rarely does it result in jail time, unless the court considers the activity criminal contempt, which is being offensive or disrespectful to the court, rather than civil contempt, which is simply disobedience to the court.

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