Not showing up for deposition
The defendant in pro per did not show up for production of documents today. She has neither mailed me the documents nor called me to request an extension. 30+5 days have already passed. I called the defendant�s cell phone today, her voice mail came up in which she confirmed that it was her. I left her a message. Here are my questions:
1) How many days I should wait to file a motion to compel answers?
2) Can I request for sanctions?
3) When I file the motion to compel answer, do I need to give the defendant 30+5 days to come to the hearing?
4) What will be my next step if the defendant continues not to show up for the hearing?
Thank you.
Re: Not showing up for deposition
1) You don't have to wait any longer, though you should file a declaration with your motion stating that you at least made the attempt to contact her by phone before filing the motion.
2) Yes.
3) 16 COURT-days (kind of like business days but check for court holidays) plus 5 CALENDAR days if you're mailing the notice. Reserve a hearing date far enough out that you have time to prepare your motion and provide adequate notice.
4) If the defendant doesn't show up for the hearing the court will likely grant your motion and make an order which you will then need to serve on the defendant. If they disobey the court order to respond then you go in on another motion requesting what are called TERMINATING SANCTIONS, essentially asking the court for a judgment (prove-up hearing before default will be required).
Re: Not showing up for deposition
1) You don't have to wait any longer, though you should file a declaration with your motion stating that you at least made the attempt to contact her by phone before filing the motion.
2) Yes.
3) 16 COURT-days (kind of like business days but check for court holidays) plus 5 CALENDAR days if you're mailing the notice. Reserve a hearing date far enough out that you have time to prepare your motion and provide adequate notice.
4) If the defendant doesn't show up for the hearing the court will likely grant your motion and make an order which you will then need to serve on the defendant. If they disobey the court order to respond then you go in on another motion requesting what are called TERMINATING SANCTIONS, essentially asking the court for a judgment (prove-up hearing before default will be required).
