Cliffside Park, NJ asked in Bankruptcy and Civil Litigation for New Jersey

Q: civil case, if plaintiff doesn’t disclose any discovery 30 days past the discovery due date does the case get dismissed?

Discovery date was set in July, was due in October and still nothing has been disclosed. Trial is scheduled for January

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3 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Not necessarily. Depends solely upon the FDA acts of the case and the judges interpolation of them.

Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New Jersey

A: It could if you make a motion. However, if you are the plaintiff you still need to prove your case. There are also less severe sanctions, like precluding evidence, that are more likely to be employed.

Stuart Nachbar
Stuart Nachbar
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ
  • Licensed in New Jersey

A: A. This is the bankruptcy section and you are asking questions about civil procedure.

B. You can make a Motion to the Court to compel discovery and then if they do not comply, you can request dismissal

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