Civil/Commercial Litigation (Lawsuits)/court order

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QUESTION: Dear Morgan.What are the penalties for breaching a court order time limit(21 days) with discovery list of documents in a civil case?.This time was set by the courts.Can this affect defendants case. Please Reply,Thank You.

ANSWER: Hello Tanya,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

I do not practice in your area and suggest that you immediately get an attorney licensed locally to give you advice.  The penalty depends on the local rules, circumstances and determinations of the presiding judge.

In my State, the procedure for failing to comply with a court order to provide discovery is typically a fine based upon the attorney's fees involved in obtaining the discovery and the inconvenience of having to bring the motion to enforce the order.  See Rule 37.01(d)(1) within the following: http://www.mncourts.gov/Documents/0/Public/Rules/Civil_Rules_effective_7-1-2013.
"(d) Expenses and Sanctions.  (1) If the motion is granted, or if the requested discovery is provided after the motion was filed, the court shall, after affording an opportunity to be heard, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in making the motion, including attorney fees"

Even more serious sanctions are permitted here for continued failure to comply as ordered, see for Rule 37.02(b), wherein a pleading may be stricken, or in other words a sanction that a party simply looses the case.

As a friendly suggestion, you may improve your situation by sending a writing to the opponent and court setting forth your reasons for non-compliance, whether those reasons are an objection to the request or your inability to comply within the time allowed etc.  Simply ignoring a court order is to your decided peril.


I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

---------- FOLLOW-UP ----------

QUESTION: Dear Morgan.It is not me breaching the order it is the crown solicitors(state lawyers).Is the rule the same for them?,and how many times can they breach the order before they can be stricken or the party loose the case.Please reply ,thanks Morgan.

Answer
Hello again Tanya,

The same conditions of my first response apply to this follow up.

Once more, I do not practice in your area and suggest that you immediately get an attorney licensed locally to give you advice.  The penalty depends on the local rules, circumstances and determinations of the presiding judge.

I would expect the rules to apply no matter who the party is, and hope the judge would make reasonable rulings to impoose appropriate sanctions in proportion to the nature of each infraction.

Your local attorney can help you bring the appropriate motion to get the judge to examine the failure to produce documents.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith

Expertise

Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

Experience

I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

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AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

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