I filed and was granted a discovery in Indiana, in small claims court. It had no due by date, so after 3 weeks I wrote the court and got a date that the defendant is supposed to provide me the discovey. 2 days before the due date, I got a letter saying that a date has been set for the contested hearing. Apparently the defendant is contesting the claim. And I still haven't received the requested documents by the due date. That is contempt of court. What would happen if I show up at hearing with no discovery from them next week. I can't prepare my side without discovery.

At the hearing move that the defendant be held in contempt of court.

I would also ask that the matter be continued until such time as the discovery is complete, but I expect the judge will say something like "You filed this case. Why did you do so without evidence in your possession?"

What is this case about and what are the discovery material you need, in order to try the case?

Work related. I need documents from former employer to prove I didn't get paid. The clerk told me to file first then ask for discovery. She told me to file for $6000, the max, since I didn't have the documents on hand to determine the exact amount.

I was told continuance requests are to be made at least 24 hours before court date.

What happens when defendant are held in contempt of court? Will I win the 6k in default judgement?

Also, the hearing is in response to "defendant files request for contested hearing". Because it's a contested hearing, does that mean that they don't want to hand over discovery and the hearing is just for deciding whether they have to? Or does "contested" mean they are just against my claim?

OK, I suggested that you ask for a continuance at the hearing because, it being small claims, it seemed to me that this would be handled informally. But if you were told that you should file for a continuance ahead of time, by all means do so.

File that with a motion that defendant show cause why it should not be held in contempt of court. Yes, one possible remedy, if the court finds the defendant to be in contempt, might be to establish the liability for the $6,000.

It appears that the "contested hearing" is to try the case, not just to decide the discovery issue. Without seeing all of the documents in the court fille, and without being familiar with the local practice, that is merely my informed guess. If this were a regular case, and not a small claims one, you would definitely file a motion to compel discovery (but I am assuming that the judge has already issued an order requiring the defendant to give you the discovery you have requested), as well as a motion to show cause, a motion to continue, and a request for a separate hearing on these pre-trial issues.

Can I just file a motion that judge find defendant in contempt of court? And win default judgement. Or does it have to be that defendant show cause why it should not be held in contempt? And the "contested" hearing will be to hear defendants cause why it should not be held in contempt.

Do it however you want. I suggested the most "correct" way, in my experience. I suspect that either way the judge will figure it out and do what's right.

No, it looks like the "contested hearing" is intended for the trial of the case; and that you will need a separate hearing for the contempt issue (before the "contested hearing").

You can't just automatically win a default judgment due to the defendant not producing the discovery. A default judgment is when the defendant does not reply to the original summons and complaint with any paperwork whatsoever. You are confusing the terms here. The term you wanted was judgment and not default judgment.

The judge will enter an order compelling the defendant to produce the requested documents showing how much you were to be paid. When the defendant does not produce these documents to you, the judge will then decide at a hearing what he wants to do with the defenant as far as punishment is concerned. Usually the judge does not punish the defendant or plaintiff for non production of documents right away but usually gives them a definite "date" to produce the documents or face court sanctions. It takes awhile. But just keep pointing out to the judge via motions that the defendant has not produced the documents to you for examination.

The date to produce the documents already passed. Hearing is set for nest week. After I motion to find them in contempt of court, will the judge give them a second date to produce documents ? Or court sanction? What would happen with court sanctions?