Can I file a motion to compel discovery after a judge's recusal?

Full question:

I filed a complaint pro se against the county and sent my 1st set of interrogatories and request for production of documents with a 28-day time.The county's attorney 2 weeks later filed a motion for a protective order to keep from answering the interrogatories or producing the documents pending deposition of me, which they have never attempted to schedule.The judge then recused himself. The 28 + 5 days have passed and I have never received anything. A new judge has not yet been appointed. Does the recusal automatically stay discovery or motions, or can I go ahead and file for a motion to show cause for sanctions and motion to compel the discovery.Their attorney never moved for an extension on the discovery, but I don't want them to scream that I'm vexatious. Thanks!

• Category: Civil Actions
• Date: 04/07/2025
• State: Ohio

Answer:

In general, you can file a motion to compel discovery if there has been a delay in response, and sanctions may apply unless the opposing party has a valid justification for their delay. However, you should be aware that any motion will need to be reviewed by a judge or magistrate. The decision to wait for a new judge or proceed with your motion is a matter of personal judgment. According to Ohio Rule of Civil Procedure 37, you may file a motion to compel disclosure or discovery if the other party fails to respond. This motion must include a certification that you have attempted to resolve the issue without court intervention. If the motion is granted, the court may require the non-compliant party to pay your reasonable expenses incurred in making the motion, unless their failure was justified or other circumstances make such an award unjust. Since the original judge has recused themselves and a new judge has not been appointed, the recusal does not automatically stay discovery or motions. Therefore, you may proceed with filing your motion to compel if you believe it is appropriate.