Service Interrogatories With Documents In Georgia
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A photocopy of your form interrogatories must be served on the attorney for the responding party or directly to the responding party if he or she is self-represented (in pro per). Courtesy copies should be served on all other attorneys or self-represented parties in the case.
The original form interrogatories and signed proof of service should be retained for your records. If the other party does not respond to your requests, you may use these documents to support a motion to have the court compel responses.
(4) The written admission or acknowledgment of service by the defendant. In the case of service otherwise than by publication, the certificate or affidavit shall state the date, place, and manner of service. Failure to make proof of service shall not affect the validity of the service.
For interrogatories, action words such as “list,” “describe,” “identify,” or “state” are very useful. You may ask the other side to identify a document but you cannot use this form of discovery to get them to give it to you. Requesting documents requires a different kind of discovery process.
Civ. P. 33(b)(1)(B), (3) and (5), and Petitioner never moved to compel a proper verification.” Under Rule 33, answers to interrogatories must be verified and must be signed by the person answering the interrogatory, not only by the party's attorney.
(a) A defendant may propound interrogatories to a party to the action without leave of court at any time. (b) A plaintiff may propound interrogatories to a party without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first.
You must respond to any interrogatories you receive within 30 days. If a defendant is served with interrogatories at the same time as they are served with a complaint, they have 45 days in which to respond. The court may extend the amount of time that someone has to respond to the questions.
The purpose of this requirement—that defendant have time to obtain counsel before a response must be made—is adequately fulfilled by the requirement that interrogatories be served upon a party with or after service of the summons and complaint upon him.
When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service.
