Seeking sanctions?


#1

I was not served on the date that my ex’s attorney said that she served me with discovery. She served me a month later and apparently the 2 weeks that she gave me has passed. Now she says that she is filing a motion to compel and seeking sanctions. What does that mean?


#2

You have thirty days to respond to discovery requests that are sent not in conjunction with service of the underlying action. You can file a motion for an extension to get an additional 30 days to respond. If you do not respond in the time allowed under the statute, the opposing party can file a motion to compel to ask the court to force you to respond. If they go forward on the motion to compel, you could be ordered to pay the opposing party’s attorney’s fees associated with pursuing the motion to compel. Sanctions can include other things as well including fines and refusing to allow you to present evidence on your behalf in court.