If a defendant (especially a law firm) doesn’t follow Rule 16 for scheduling conferences, can you ask the judge for a default judgment or even hold them in contempt? They seem to just want the lawsuit to disappear.
Yeah, if they’re not cooperating, you can file a motion to compel. First, you give them a chance with a letter as a ‘good faith’ effort.
Azriel said:
Yeah, if they’re not cooperating, you can file a motion to compel. First, you give them a chance with a letter as a ‘good faith’ effort.
What’s this ‘good faith’ letter? Just telling them they have to respond?
Azriel said:
Yeah, if they’re not cooperating, you can file a motion to compel. First, you give them a chance with a letter as a ‘good faith’ effort.
Exactly! It’s basically saying, ‘Hey, follow the rules or I’ll go to the court to make you do it.’ You usually give them 5 days.
If they ignore the letter, you’d file a motion to compel. And you can ask for costs you had to spend on this motion too.
Jane said:
If they ignore the letter, you’d file a motion to compel. And you can ask for costs you had to spend on this motion too.
So, if they ignore even that, can I ask for default judgment then?
Jane said:
If they ignore the letter, you’d file a motion to compel. And you can ask for costs you had to spend on this motion too.
Not quite yet. You’d file for contempt after a motion to compel, but you have to follow each step. No skipping allowed!
This reminds me of when I had to file a motion to compel for my case… such a hassle.
Axel said:
This reminds me of when I had to file a motion to compel for my case… such a hassle.
Ugh, so much back and forth! Did it end up working for you?
Axel said:
This reminds me of when I had to file a motion to compel for my case… such a hassle.
Yeah, they eventually complied, but I think they just wanted to make it a pain. Filing for contempt would’ve been my next step.
If you’re dealing with this, don’t skip the steps. Courts really like it when you go through the process exactly.
Zyler said:
If you’re dealing with this, don’t skip the steps. Courts really like it when you go through the process exactly.
For sure. Judges get annoyed when you jump ahead without giving the other side a chance to fix things first.
Zyler said:
If you’re dealing with this, don’t skip the steps. Courts really like it when you go through the process exactly.
Exactly! It shows you tried everything to get them to comply before going nuclear, lol.
If you’re dealing with a law firm as the defendant, they probably assume you’ll give up before getting a ruling.
Ciel said:
If you’re dealing with a law firm as the defendant, they probably assume you’ll give up before getting a ruling.
That’s exactly what it feels like! They’re betting I’ll just drop it.
Ciel said:
If you’re dealing with a law firm as the defendant, they probably assume you’ll give up before getting a ruling.
Don’t let them scare you off. Stick to the steps, and you’ll have a strong case.