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If the other side failed to answer discovery per a complaint they filed against you, what is the most ideal motion to file?
Anonymous4 views3 answers
Another party sued me in limited jurisdiction, as part of a bogus " counter-claim ", now that they are without an attorney and they seem to be evading the complaint but still have it active in court. I intend to propound discovery on them and don't expect them to answer it. That said, is it better to then file a motion to dismiss, or motion in summary judgement, when a party fails to respond to their own complaint?
If they do not respond, file a Motion to Compel after a proper meet and confer. Failure to answer discovery is not a basis for dismissal or summary judgment.
It's not clear what "evading a complaint" means or what "failing to respond to their own complaint" means. Just because a party hasn't propounded its own discovery requests yet doesn't mean they won't, and doesn't mean they don't already have enough proof of their claim.
You should be eliciting discovery to prove your own claim and disprove their claim. Since that procedure can take months and may require you to compel responses if you're right that they won't respond, it's premature to think about dispositive motions.
