8/24/2023 0 Comments Motion to compel discovery georgiaHow Expensive Is Discovery? Is It Worth It? Also, the court can strike the other party’s pleadings altogether, enter their default, and give you everything that you requested in your petition or counter-petition. ![]() The court can strike the other party’s defenses and claims on that issue, and declare that you have won on that issue. To sanction a party failing to comply with discovery, the court can order attorney’s fees, or they can order the fact you are seeking to establish as having been “established” for purposes of your case, because the other side will not respond to the discovery on this issue. If the court orders the other side to provide the additional discovery, and they fail to do so, you can file what is known as a “motion to compel discovery” asking the court to sanction the other party for their failure to comply with discovery orders. The Court will then typically set a hearing, and rule on whether the other side has to respond to the discovery as you asked. ![]() Once you file a statement of discovery issues, the other side has only seven days to file their response. Statement of Discovery Issues: This is a short document explaining to the court that the other side has failed to adequately respond, and asking the court to order them to do so, and pay your attorney’s fees for the necessity of filing the motion, or to sanction the other side in some other way. As far as other discovery, such as interrogatories, request for production of documents, if the other side files frivolous objections, or fails to answer them, then the next step is to file what is known as a “statement of discovery issues,” as described in Utah Rule of Civil Procedure 37. They are generally not that easily set aside, particularly if you are near the end of the case. Those admissions can be set aside, or amended if the other side files a motion demonstrating good cause why they should be set aside, or amended. It must be signed by your attorney or by the Clerk of the Court and you may be charged reasonable administrative and copy costs by the entity served with a subpoena.With requests for admissions, if the other party fails to respond within twenty-eight days, the facts that you asked them to admit are deemed admitted, and essentially proven for purposes of your case. A subpoena can be sent to any entity or individual who has relevant records or information. Once your case has been scheduled for a hearing or other event, you may obtain a subpoena from the Clerk of Superior Court. * Subpoenas – A subpoena is a demand made by an officer of the court requiring the attendance of a witness for their testimony, or requiring a party to bring relevant documents to the scheduled hearing or other event. Response to Request for Production of Documents.Subpoenas* – obtain from the Clerk of Superior Court.Request for Production of Documents- NON PARTY Request for Production of Documents- NON PARTY (banks, insurance companies, etc.).Request for Production of Documents to Employer.Request for Production of Documents & Notice to Produce (to party).It is strongly recommended you seek the assistance of an attorney in obtaining or responding to discovery. ![]() There are discovery rules which apply to timeliness and seeking the judge’s enforcement of discovery. All parties have the right to conduct discovery within a certain time frame while the case is pending. Discovery is the process of investigating any relevant matters in your family law case.
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