Motion for a reply

BenEadir

Hi all,

My understanding is that if a defendant in a high court civil case doesn't voluntarily reply to a request for discovery from the plaintiff the plaintiff has to apply to the court for a "Motion for a reply". Is this correct and if so is the process of applying for a Motion for a reply very complex/time consuming? I expected it to be a formality i.e. you ask the court to force the defendant to reply or face having a summary judgement issued against them but I've been told it can be quite expensive to produce.

I'm fully aware of the forum charter on "no legal advice" so I'm just looking for some generic knowledge on the typical process and associated costs if possible.

Thanks in advance.

conorh91

BenThere wrote: »

is the process of applying for a Motion for a reply very complex/time consuming? I expected it to be a formality i.e. you ask the court to force the defendant to reply or face having a summary judgement issued against them but I've been told it can be quite expensive to produce.

Do you already have a solicitor?

Motions for discovery are not expensive on a 'single motion' basis, but the costs can become enormous over time—a substantial proportion of the costs in complex civil litigation will be based on the costs of discovery, very often a third of the total costs, if not more.

It isn't a formality, and it does need to be done properly by competent legal professionals and support staff.

After the usual requirements have been correctly met, first is issued a notice of motion, cataloguing the documents that are being sought, possibly requesting a timetable for meeting the application, and grounding affidavit which will often be sworn by your solicitor, and probably is not something you need to be worried about.

I'd be a bit concerned if you are a lay litigant, in which case, it would not only be wrong, but vastly inadequate, to attempt to give any practical advice on here.

Pat Mustard

A party (let's say a plaintiff) may request voluntary discovery. Failing receipt of satisfactory replies to the request, the plaintiff might apply for an order for discovery.

The motion for discovery might be complicated, depending on the circumstances.

Dealing with discovery can be time consuming.

BenEadir

Thanks guys, associate your explanations.

Btw, I do have a solicitor and barrister but I don't know them very well (long story how that situation came about) so I like to double check/validate my understanding of what they are telling me.