Argument against an extension of time.......

[Darryl]

Dear Soc,

Quick reply needed for court date on Friday. Info not for my case but is for "the petitioner".

Respondent (NCP DAD) has willfully failed to answer interrogatories, produce documents or sign a release of medical history (ordered by the judge).


Failed to answer int. or produce documents (1st set) several months ago. Petitioners atty. filed for sanctions and had hearing. Opposing atty. handed her documents, she said, ok and dropped sanctions failing to realize that much of it was incomplete OR MISSING, even though it said "see attached". Bad attorney.

Re-DO..... Petitioner filed "second or amended set of interrogatories and request for documents. Respondent failed to answer again, or produce documents or sign medical release and completely failed to acknowledge the deadline that has passed. Petitioner's atty again filed for sanctions (hearing Friday).

Now, respondent has filed for an extension of time (to also be heard Friday).


Petitioner has had it. There have been two extensions granted already. Attorney fees are climbing and petitioner wants it over and done. Case has lasted 9 months already and only issue is simple child support.

Trial date currently set for March 15.

Petitioner has an ironclad case already and is willing to go to trial without the missing information as Respondent is attempting to DELAY, DELAY, and DELAY.  

Neither the Interrogatories  or the request for documents were anything out of the ordinary that would be overly burdensome or take an extensive amount of time to answer. Basically there is no excuse for respondent to have not answered in a timely manner.

Petitioner answered and provided same info before the first deadline several months ago.


     1. Since Petitioner is the party most likely to be harmed by the 'missing information' and was the party requesting such information can she request to go to trial with or without it?

     2. Can you give me an example of a  brief legal pleading to argue for the trial to take place as scheduled?

Thanks again Soc, Your service is indeed a valuable one.

[socrateaser]

>     1. Since Petitioner is the party most likely to be harmed
>by the 'missing information' and was the party requesting such
>information can she request to go to trial with or without
>it?

Yes.

>
>     2. Can you give me an example of a  brief legal pleading
>to argue for the trial to take place as scheduled?

It seems as though you have two different issues:

1. Petitioner's interrogatories. "Your honor, we are prepared to go forward without the interrogatories."

2. Respondent's motion for continuance. I don't know why this is being requested, so I can't argue against it, other than to say, that "Respondent is obviously intentionally delaying the proceedings without good cause, and the court should not permit it, because it is costing Petitioner money. At a minimum, Respondent should be ordered to pay Petitioner's reasonable costs and attorney fees incident to the court's granting another continuance."