Should I oppose Motion for Extension of time

kccustom · 08-06-2008, 05:55 PM

I am in discovery on case already posted here. I sent Plaintiff's attorney my discovery requests on 8-1-08 (along with my responses to their requests) and now they filed a motion for extension of time (30) to respond to my discovery requests. Should I try to oppose this motion? They get 30 days by RCP to answer and that should be plenty. They waited 225 days from the time they served their complaint to send me discovery requests and I see no reason why I should give them additional time.

Any thoughts on the pros and cons of filing an opposition? Any opinions as to whether this may be a good sign that my discovery requests have them on the run?

I personally think they are just trying to drag things out and they are hoping I'll lose interest.

jlynn · 08-06-2008, 06:11 PM

I've always heard, they generally will get the 1st 30 day extension.

Of course, I could be confusing that with something else...

Enigma · 08-06-2008, 08:03 PM

Waht do your local rules say about Discovery?

gweedoh · 08-06-2008, 11:39 PM

If you play hardball on their first request for an extension you can expect the favor to get returned if you ever need an extension in the future.

I say give it to them. What do you have to loose by letting them have another 30 days?

Enigma · 08-07-2008, 02:06 AM

If the request was sent on 8/1, opposing party generally has thirty days. So far it's been only seven.

cuthatcard · 08-09-2008, 10:07 PM

I objected when ASSet appeared to make the 30 request, just to make it part of the record. The judge said it was usually custom to allow this, even it had been me to ask. I told him and Assehead's Atty's I completly understand but wanted the objection in there. Was overruled. I did ask that the 30 days from when be placed in the new order and that was granted. They ran that one to the wire.

Didn't hurt me one way or the other. I've watched and watched soooooo many cases where no one objects to any motion what-so-ever! I've actually never saw anyone object to any CA's Atty's motion(s) since I got into this back in Nov of '07. I hardly ever saw anyone pro se or represented by an Atty. Most are default judgements.

So yea, the 1st one the court will generally allow it, BUT, if I were you I would show up, and when your case is called, approach the bench just like the CA does and if the judge ask if you understand this, you may say yea, or you may ask the judge to clarify it and when the next thirty days will be up and ask that that day put in the order other than that your fine with it.