QUESTION
Is proof of service supposed to be filed with the court once we sent the discovery papers?
Asked on Sep 12th, 2013 on Divorce - California
More details to this question:
About one month and a half ago, my lawyer said she sent my ex discovery papers. My concern is I never saw the papers that were sent nor do I know for sure it was sent. According to my case summary nothing has been filed since I hired the attorney. Several flags have been raised. According to my attorney his attorney has not responded and they were supposedly given 30 days to respond. What happens next?
2 ANSWERS
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The proof of service on discovery is not filed with the court. Discovery matters are to be self executing and generally do not require the involvement of the court. The court would become involved only if there are problems or disputes with the discovery process. The opposing attorney and party may have not responded to the discovery which may necessitate a Motion to Compel the discovery responses. If a Motion to Compel is filed, it is likely that the proof of service would be used as an exhibit to the Motion. However, the proof of service is not filed with the court.
Answered on Sep 13th, 2013 at 10:34 AM
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An attorney should file proof of service with the court. If discovery is not responded to a motion to compel can be filed to force compliance.
Answered on Sep 13th, 2013 at 9:39 AM