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What happens next in district court? Plaintiffs motion to compel defendant to respond to requests for disclosures. Judge signs.

Bankruptcy and Debt 5 views 3 answers
Judge signs motion to compel defendant to respond to request for disclosures. Defendant's attorney is the focal point. Defendant/attorney has 14 days to comply. What happens if the defendant fails to comples? What happens if the defendant complies?.. (normal court process? ) If the defendant does not comply, are we back to a default judgement scenario? or other?

Attorney Answers

3
Ed WaltonLawsuit / Dispute AttorneyTerrell, TX ·
Question 1 - If Defendant fails to comply, you file a motion for sanctions and motion to exclude evidence. Question No. 2- Normal court process. Question No. 3 - You are not in a default position. You cannot get a default judgment until the judge strikes their pleadings. This will probably require two more hearings. At the next, the Judge will again order them to comply and should award sanctions. If the defendant still doesn't comply, the Judge is likely to strike their pleadings. You need to retain an attorney who is familiar with the local judges.
0 upvotes
Joel Gordon ·
If the defendants fail to comply within 14 days, there are a range of sanctions that can be imposed: from An award of a attorney's fees, to refusal to allow in evidence requested and anywhere in between.
0 upvotes
Edward Kazaleh ·
If you failed to make the mandatory disclosures and keep failing to do so, you have no case and will lose. Get a lawyer
0 upvotes

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