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Promised Undertakings from Examinations for Discovery

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Old Dec 20th, 2007, 06:19 PM     #1
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Default Promised Undertakings from Examinations for Discovery

The discoveries took place several months ago. Alberta Rules of Court state clearly that the answers to the undertakings and all paperwork to that end are due 30 days after conclusion of Discoveries. The opposing side is merely ignoring them. As are her lawyers. What is the penalty? Why impose a deadline at all if it can simply be ignored. This is clearly a selfish manipulation of the court rules. Is there legal recourse?
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Old Dec 20th, 2007, 08:03 PM     #2
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Default Re: Promised Undertakings from Examinations for Discovery

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The discoveries took place several months ago. Alberta Rules of Court state clearly that the answers to the undertakings and all paperwork to that end are due 30 days after conclusion of Discoveries. The opposing side is merely ignoring them. As are her lawyers. What is the penalty? Why impose a deadline at all if it can simply be ignored. This is clearly a selfish manipulation of the court rules. Is there legal recourse?

I'm not familiar with the rules there, but here in the US, when a party refuses to produce documents during discovery, a motion to compel can be filed. Check the rules to see if something similar is mentioned in them. Basically, you'll go to court to request the court to order the party to produce, or face stiff penalties.
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