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To: Dan(9698)

I agree its a problem. I would never do that in Fed Ct., just rely on my motion for a protective order, yikes. Now in state court, some you have to raise a fuss before judge would even consider enforcing the deadlines on some discovery issues. Bottom line Judge has the discretion to let them weasel out of the “admitted” admissions.


74 posted on 10/20/2008 10:51:20 PM PDT by steve0
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To: steve0
you have to raise a fuss before judge would even consider enforcing the deadlines on some discovery issues.

The petitioner is allowed to ask a certain number of questions with the complaint. The law requires an answer to those questions within the prescribed time. 20 days, 30 days or so. A failure to file a response with the required answers is a default. The law requires these and the Judge has little discretion in not enforcing the requirement for a response.

The questions asked with the first filing are not considered part of "discovery". The Judge cannot amend the questions or rule a question does not have to be responded to.

93 posted on 10/20/2008 11:12:40 PM PDT by Dan(9698)
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