Q: What happens when there has not been a discovery given to attorney and the case isnt going to trial
My dhs lawyer has been going back and forth for almost 3/4 months trying to get the discovery for our case from the courts and they keep beating around the bush. Now they are not even responding to him. I know that the discovery does not have to legally be given out (even though we are entitled to it) untill ten days before the case goes to trial. But what if there is no trial for the case and there is not going to be a trial but we still havent gotten the discovery.
A: I don't know what discovery the courts would be providing to you. Generally its the opposing party that you are requesting documents/information from and if they fail to comply with discovery requests you file a Motion to Compel. Your DHS attorney probably knows this.
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