Should I file a motion to dismiss or a motion to compel if the plaintiff has not filed a timely discovery request?

My husband is being sued by a debt collector. He received the summons, answered the complaint, and isnow in discovery. My husband requested a pre-trial and the judge ordered both sides to exchange discovery before the trial. He mailed out his discovery request for the plaintiff by the due date the judge had ordered but he has not received the plaintiff’s discovery request yet. It’s been a week past the date that the judge ordered them to exchange. What motion should he file?

Asked on October 21, 2011 under Bankruptcy Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A motion to compel would be appropriate.  Sanctions (court-imposed fines) can also be requested with the motion to compel.  Prior to filing a motion to compel, there is a meet and confer requirement with the opposing party.

Since your husband is the defendant, he would not be able to file a motion to dismiss.


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