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Pre Trial Motion: Is a Motion to Compel considered a pretrial motion?

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  • Pre Trial Motion: Is a Motion to Compel considered a pretrial motion?

    I have a question here is a Motion to Compel considered a pretrial motion?

  • #2
    It can be...what is the issue.


    • #3
      Motion to compel Discovery.

      In federal Court.

      Basically they have evidence that is "Tinted" cannot be authenicated and is in dispute by the defendant. I never recieved Interoggatories and Request for Admission. The Request were deeemed admitted but the Judge to Answer the interoggatories.

      Well the admission were based on this non-authenicated evidence.

      I knew I was in trouble as counsel is rough.

      I have filed a Motion to leave to respond to admission but that has not been ruled upon.

      Anyway the Plaintiff attorney is killing me at every corner, I answer the interoggatoreis and he is like you canot answer that way it is deemed admitted.

      So anyway of course i could not answer the way they wanted to and they filed a Moition to Compel Discovery and for Sanctions.

      In filing this motion they present the two pieces of evidence I know are tinted and cannot be authenicated. Of course they did not put advidavits to verify this as genuine and are using my Request for Admissions as proof they are real.

      Now I found a LR 7.3

      LR 7.3 Exhibit and other documents Substantiating Pretrial Motion.

      When allegations of facts are relied upon in support of a motion, all pertiant affidavits, transcripts of depositions, and other documents must befiled simotaneously with the motion whenever applicable. In any events, such support documents must be filed within 10 Ten days after the motion has been filed, unless otherwise ordered by the courts. All supporting exhibits and documents shall be filed and identified in the manner required by LR 5.1.

      If i am reading this write if they are entering Document as fact they must be accompanied by some advidavit

      I want to file a Motion to Strike as it would appear they may have left there necks out.
      So if Motion to Compel Discovery is a Pre Trial Motion. Am I reading that right they must put an advidavit to it?


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