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    bitran's Avatar
    bitran Posts: 4, Reputation: 1
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    #1

    Mar 14, 2008, 11:44 AM
    When plaintiff does not answer notice of discovery
    I have filed a motion for defense and sent a notice of discovery to Plaintiff, but plaintiff has not responded to my questions what is the next step? Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Mar 14, 2008, 11:54 AM
    Has a hearing date been set?
    bitran's Avatar
    bitran Posts: 4, Reputation: 1
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    #3

    Mar 14, 2008, 01:44 PM
    No I have filed a motion to defend and have sent a notice of discovery but I have not heard back at all and it has been 45 days what is the next step should I file a motion to dismiss or should I do something else?
    Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Mar 14, 2008, 05:22 PM
    You need to ask the court to set a hearing date.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Mar 15, 2008, 12:22 PM
    File a Notice of Hearing after contacting the Judge's judicial assistant and getting a date and time for the hearing. You need to also let the other party know of the hearing. If they do not produce the discovery after the hearing date you can then motion the court for a dismissal of the suit at another hearing.
    bitran's Avatar
    bitran Posts: 4, Reputation: 1
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    #6

    Mar 15, 2008, 02:48 PM
    I just got some documentation from them but not the contract,note, and history of the note what should I do next?
    Hanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 15, 2008, 03:12 PM
    Send them a follow-up thanking them for what they sent by stating it doesn't verify that this was your account and ask specifically for a copy of the contract or note.
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