WHAT HAPPENS DURING AN INJURY CASE WHEN THE DEFENSE WON’T GIVE US THE EVIDENCE WE REQUEST
Tyson Mutrux: Hi, Tyson Mutrux with the Mutrux Law Firm. Today what I want to do is I want to talk about personal injury cases and what happens whenever we request evidence from the defendant and they won’t give it over. So what the steps are is that we will first file what’s called a motion to compel. This is after we’ve already requested the discovery or evidence from them, we file a motion to compel. And usually we’ll send out with a letter saying, “Listen, we’re going to file this motion in 10 days if you don’t comply with our request.” When the 10 days is up, we file the motion, we’ll set up for a hearing. We’re going for the judge. And most of the time, as long as our requests are reasonable and it allowed within the law, the judge will enter and order usually saying, “You’ve got 10, 20 or 30 days to comply with the requests.”
If they do not comply with that court order, we will file what’s called a motion for sanction. We’ll actually ask the judge to order the defendant to pay for our attorney’s fees, for the additional costs in having to file the motions.
If you have any other questions about that or any other motions to compel, motions for sanctions, give us a call at 888-550-4026 or check us out at MutruxLaw.com. Thanks for watching. Have a great day.