Full question:
I have a civil lawsuit in a court of common pleas. I have served first set of interrogatories, requests for admissions, and production of documents upon defendants attorney. They refused to answer any and all. My question is: Do I need to serve a notice of motion to compel discovery before I file the actual motion and what form do I use and time period until filed?
- Category: Discovery
- Date:
- State: Pennsylvania
Answer:
A party has thirty days to respond to discovery requests. If the defendant refuses to answer, you may file a motion to compel discovery. This motion must include the relevant discovery requests and the responses (or lack thereof) that led to the dispute.
Before filing the motion, you must serve a notice of motion to compel discovery. This notice should inform the opposing party of your intention to seek a court order compelling them to respond. Additionally, if you plan to request sanctions for their failure to respond, you must include a certification that you notified them of your intent to seek sanctions.
According to Pennsylvania Rules of Civil Procedure, you can file this motion after the thirty-day period has passed without a response. Ensure you follow local court rules for any specific requirements regarding the motion's format and the timeline for filing.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.