Questian "Trial List"

[Friendsplacect]

Being sued by a Junk Debt Buyer. I filed an answer and affirmative defenses & Request for Production.

The attorney sent a denial on my affirmative defenses. Just got that in the mail last week. I dont know what that means.

Now I see on the court case online that a "Trial List" is set and it says "Hearing Damages".

The thing is they never answered my Request for Production and now looking at it more clear they never asked for an extention of time. The other two cases when I filed my answer and request they filed a request for extension of time.

Looks like the Trial List was initiated by the Court. does anyone know what this is? I have not received any notice as of yet from the court but I wanted to file a motion to compel and maybe an order for compliance because they didnt answer my answer/affirmative defenses/request for production since oct 12 2006.

[charlesa6]

[quote=Friendsplacect]Being sued by a Junk Debt Buyer. I filed an answer and affirmative defenses & Request for Production.

The attorney sent a denial on my affirmative defenses. Just got that in the mail last week. I dont know what that means.

Meaning is not agreed to your affirmative defenses. Does it include any explanatory deny?

Now I see on the court case online that a "Trial List" is set and it says "Hearing Damages".

Not sure of the date. check with the court clerk for more answers.

The thing is they never answered my Request for Production and now looking at it more clear they never asked for an extention of time. The other two cases when I filed my answer and request they filed a request for extension of time.

The court has to compel them to do so, when you file your motion.

Looks like the Trial List was initiated by the Court. does anyone know what this is? I have not received any notice as of yet from the court but I wanted to file a motion to compel and maybe an order for compliance because they didnt answer my answer/affirmative defenses/request for production since oct 12 2006.

It seems to me like they already schedule the date to hear your case. Check with the clerk, so you don't miss out.

[masterduke]

The thing is they never answered my Request for Production and now looking at it more clear they never asked for an extention of time. The other two cases when I filed my answer and request they filed a request for extension of time.

If they ignored your production of docs motion could you default them and obtain a judgement? It seems that the court is up to its usual hocus pocus with these terms?

[charlesa6]

Yea, you are absolutely right, masterduke.

[Libertarian]

If they ignored your production of docs motion could you default them and obtain a judgement? It seems that the court is up to its usual hocus pocus with these terms?

You have to check your state's laws and court rules. Under the Federal Rules of Civil Procedure, you would have to first make a motion to compel them to respond to your request. If the judge ordered them to respond and they still defaulted, then you could get a judgment against them.

Lots of states have rules that pretty closely follow the federal rules, but some states' rules are different.

[Notorial dissent]

Federal Rules of Civil Procedure mean diddly squat in local court, but local procedures mean everything, and you'll need to see what they require, and specifically for your type of case. You will need an order for production or whatever they call it locally, and have it served on the opposing counsel. Then, if they don't comply you can request sanctions and damages and dismissal. But you have to play by the rules or it won't work.