Filing motion


#1

Ex’s attorney filed a motion to compel production using a file number of a case that is not open or pending.

Is it correct for me to file a motion to deny their motion on the basis that it is not a Pending case, therefore no production is allowed.

Also for me to to file a motion for rule 11 sanctions for filing a frivolous motion with improper purpose, intent to delay, etc ?


#2

Compelling discovery is not a frivolous motion. As stated in a previous post, I believe the judge would excuse the clerical error on the file number as you do have constructive notice of what they are seeking in the action that is currently pending.