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Motion to Compel, Sanctions and Subpoena'd employment records
Anonymous2 views1 answers
When is it appropriate to file a Motion to Compel for Production of Documents? Two requests have been mailed to ex's attorney already. Both have passed the usual 30 day period without response.
Also - ex refused to answer several questions during deposition. Can I request sanction against ex for failing to answer discovery questions?
What about subpoenaing his employment payroll records, since he refuses to provide payroll information. There may also be some interesting banking activity.
I'm tired of this game playing and want to push back. I'll pay child support, but want it based on REAL numbers. I don't know what to estimate now, since no information has been given.
Seth H Row
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Posted
on Dec 1, 2008
The "correct" answer to these is "it depends" but on the motion to compel I'd say that it sounds like an appropriate solution. Many civil litigators in Oregon are reluctant to file this kind of motion because judges here are used to attorneys getting along and don't like this kind of motion, but I'm finding that they are increasingly necessary and am less hesitant than I used to be. The correct response on the deposition issue would be a motion to compel answers in deposition with a demand that ther other side be forced to pay costs of re-convening the deposition. And yes you could subpoena the employer for payroll records, happens all the time.
Caveat: of course, this isn't legal advice since I don't know anything about the particulars of your case.
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