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Can I file a motion to compel if I have sent a good faith letter with the Request for Document and receive objections?
Anonymous4 views1 answers
We dont know your situation. We dont know if you have attorneys involved or not. Assuming the answer is no, then your next step would be to send written correspondence detailing your issue with the response, and politely requesting they provide full and complete responses as required by law. If 7 days later they do not reply, or dont provide the requested documents, then you notice your motion to compel and set it for hearing two weeks later.
Relevance isnt a good objection to a request for production of documents. The standard for discovery is "reasonably calculated to lead to the discovery of admissible evidence." Thats a fairly generous standard.
That said, if you dealing with a divorce involving 401ks and other financial assets, its likely wise to hire counsel. The complex world of motions practice will be very difficult to navigate without legal training and experience. Best of luck.
We dont know your situation. We dont know if you have attorneys involved or not. Assuming the answer is no, then your next step would be to send written correspondence detailing your issue with the response, and politely requesting they provide full and complete responses as required by law. If 7 days later they do not reply, or dont provide the requested documents, then you notice your motion to compel and set it for hearing two weeks later.
Relevance isnt a good objection to a request for production of documents. The standard for discovery is "reasonably calculated to lead to the discovery of admissible evidence." Thats a fairly generous standard.
That said, if you dealing with a divorce involving 401ks and other financial assets, its likely wise to hire counsel. The complex world of motions practice will be very difficult to navigate without legal training and experience. Best of luck.
