I have a civil trial next week. The judge ordered both parties to provide each other discovery, evidence and witness list. I've complied, but the other party hasn't and is now in default of the date the Judge said. I'm representing myself against my ex who has hired an attorney. Can I file a Motion to Exclude Evidence & Witnesses for willful failure to comply with court discovery orders and/or Motion to Dismiss Due to Failure to Comply to Court Orders. This case has been going on since 2007. What should I do?
1 Answer from Attorneys
I would not present any motions. I would wait and see what happens at trial. They may not need any further witnesses other than those that you bring. They can bring impeachment and rebuttal witnesses without listing them. You are not going to get a dismissal for their failure to file as they don't have to have any witnesses or exhibits. You need to go to the hearing and object as appropriate.