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If you file a Demand for Discovery 2 times including a compel decision in the last 8 months but the other party did not comply by the rules and just ignored this Demand but on the hearing day the other party provides the evidence ????.The Judge was aware of this but did not object to it not even after you point it out to him twice he just went on with the hearing. Is this not bias on the Judges part and he is breaking the court rules?
By law the accused is allowed to ask for evidence I assume I am 100 % sure on this but the evidence should be presented to you before the hearing least 30 days if they dont have any evidence than I would assume they have to give you a response also before the hearing.
Would this be a reason to appeal ?
Need your opinion.

2006-08-28 07:07:27 · 1 answers · asked by jcax62 2 in Politics & Government Law & Ethics

1 answers

Sanctions are discretionary on the part of the judge.

So, he is generally entitled to allow the hearing to continue, even if the other side did not comply with the discovery rules. If your objections are on the record, and you can show prejudice, you might have grounds for appeal.

These are issues that your attorney should be dealing with. If you don't have an attorney, and the other side's attorney is fighting a procedural battle, then get used to things like this happening.

2006-08-28 07:22:40 · answer #1 · answered by coragryph 7 · 0 0

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