Queens, NY asked in Personal Injury for New York

Q: While I am waiting for my motion for reconsideration to be heard, do I have to comply with the court's short order form

1st Court Order Stipulation gave the Defendant and I 45 days to answer specific discovery questions. After 45 days I no longer answered the questions. Defendant made 2nd motion indicating I didn't comply with the Order , In my replied I indicated I did. Judge short Order form said I have 30 days to comply. But I answered every question in the Order word for word. But the Defendant made clerical errors in their questions and didn't get the responses from different medicals and agencies they wanted. So I am making a motion for reconsideration. Do I have to comply with the Order while I am waiting to be heard? (Pro Se NY)

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1 Lawyer Answer
Jonathan R. Ratchik
Jonathan R. Ratchik
  • New York, NY
  • Licensed in New York

A: Rather than standing on ceremony, the safer practice would be to comply with the second court order and give complete responses to the defendant's discovery demands. You might also want to confer with defense counsel and find out what additional discovery they claim is outstanding so that you can provide it (or, if necessary and you haven't already been ordered to give it, object to it). Getting bogged down in discovery disputes is only going to prolong the resolution of your case.

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