Q: Discovery Responses: Motion to Compel vs. Motion to Exclude Evidence

A: The deadline to move to compel is an order to compel a Response or a Further Response. You are being faced with a Motion to Compel Production of Documents. There is no deadline to move to compel where the responding party does not actually produce the promised documents. Your link allegedly did not work. If correct, you did not produce the documents and there is no deadline to move to compel.

A: Expanding on Mr Light’s response, it sounds like counsel made no effort to try to open that link up to 50 days after you provided it. Why? Why not let you know sooner that the link allegedly didn’t work? You cannot move to exclude evidence until after the party has violated a court order compelling a response or compelling production. Find another way to get the documents to him (including sending hard copies). If he does in fact file a motion to exclude evidence (rather than a motion to compel) you will need to show the court what efforts were made to comply and what time line counsel followed. For heavens sake, hire an attorney! If your spouse has a lawyer you should have one too.

A: You may face a Motion to Exclude Evidence if your ex’s counsel claims that you have failed to properly produce the requested documents. They might argue that this is the only way to bar your financial or tax documents from the record if they believe you violated discovery rules. This motion aims to prevent you from using crucial evidence during trial.

A court might consider such a motion if it concludes that documents were withheld or never provided, even if you previously supplied a link. This tactic is often used to pressure you to re-send or confirm production of discovery responses. It can also serve as a preemptive strike to challenge your credibility before the trial date is even set.

You should gather proof showing that you responded in a timely manner and offered to re-send the link. If you can demonstrate that you have complied with your discovery obligations, the court will have less reason to grant a motion to exclude your evidence. Maintain calm, focus on documenting your compliance, and keep all communication regarding the production of those documents.