June 28, 2012 9:44PM
You file a motion to compel, and ask the court to order them to
do so. You also ask for attorney fees for the cost of bringing the
If they still don’t do so, you ask for sanctions (such as
dismissing their complaint or a defense).
Yes, you file a motion to compel – but, attempt to work out the
reasons why they haven’t responded within the deadline to respond.
Most judges do not want to be dragged into discovery disputes. If
you can’t work it out with the other party, then file a motion to
You would not ask for attorney fees as part of that motion to
compel. That’s an entirely separate issue from discovery. Also, I
highly doubt a judge would dismiss an entire claim over a discovery
issue. Generally, if the judge is dragged into it, you or your
attorney (hopefully you have one) would have a telephone hearing
with the judge & other side over why they won’t answer the
interrogatories. Then the judge makes a ruling on that – sometimes
the other side DOES have a legal argument for not answer some of
So, attempt to work out the issue without court involvement, if
that doesn’t work, file a motion to compel discovery and the court
will take it from there.