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Re: Motion to Compel???

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Posted by JR ( on November 05, 2003 at 21:38:53:

In Reply to: Re: Motion to Compel??? posted by Freedom Financial Flyer on November 05, 2003 at 11:56:15:

In California the propounding party must "meet and confer" with the responding party to try to settle any issues that can be settled without wasting the court's time. When a motion to compel is filed you must tell the court that you complied and did, in fact, meet and confer with the responding party. I don't know if Ohio requires that or not but, courts being the way they are, they do NOT like people running to the court when something could have been accomplished between the parties.

Document your efforts to get their responses. I start with a phone call and follow with a letter (ie) This is to confirm our conversation today in which you agreed to provide the requested discovery (state what kind) by... such and such a date. I would do this a MINIMUM of twice before running to the court - unless Ohio doesn't mind playing parent to children who won't even try to settle their own problems. No offense, but that's how judges look at it.

Go to the law library and ask for the Civil Practice Guides. Find the chapter on discover and look for a sample motion.

Good luck

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