If someone is not cooperative in revealing discovery, and it drags on and on, still without full release of discovery…
(I’m hoping attorney files a motion for contempt), can the expenses paid in the interim be applied to the final settlement?
I’m ready to move on with this thing, and I complied in a timely manner, and in full.
It’s been 16 months already…I wouldn’t think it fair he gets credit for expenses in the interim, since he is the cause of it.
Just wondering if there’s an established rule for such.
You will first need to file a motion to compel seeking an order that the other side produces the required discovery, if that order is not complied with then you will need to file a motion for contempt.
There have been three motions to compel. Can they do a fourth, or must they file contempt?
I’ve been encouraging this myself.
Will the expenses paid since separation be applied to a settlement, if there is one?
They can file another motion for contempt and the court may award costs and attorney’s fees to the aggrieved party.