[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Defendant's Name] [Defendant's Address] [City, State, ZIP] Re: Plaintiff's Motion to Compel Answers to Plaintiff's Second Set of Interrogatories Dear [Defendant's Name], I hope this letter finds you well. I am writing to bring to your attention a matter regarding the ongoing [case name] between you, as the defendant, and me, as the plaintiff. As per the rules of civil procedure in the state of Alaska, I kindly request your prompt and complete compliance with Plaintiff's Second Set of Interrogatories. Background: [Provide a brief background on the case, including important dates, events, or relevant information to familiarize the recipient with the context.] Plaintiff's Second Set of Interrogatories: On [date], the plaintiff, by my attorney, served the defendant with Plaintiff's Second Set of Interrogatories. These interrogatories were meticulously crafted to seek information crucial to the resolution of this case. The purpose of these interrogatories is to facilitate a fair and impartial trial in accordance with the legal principles governing our legal system. Lack of Response: To my disappointment, the allotted time for your response has long expired, and as of the date of this letter, no response has been received. Your failure to provide timely and complete answers to the interrogatories is a serious violation of the Alaska Civil Rules and significantly hampers the reasonable progression of this case. Motion to Compel Answers: Due to your noncompliance, I am left with no choice but to file a Motion to Compel Answers to Plaintiff's Second Set of Interrogatories before the [relevant court] in the state of Alaska. This motion seeks the court's intervention to ensure that you fulfill your legal obligation to respond to the interrogatories without further delay. Consequences of Noncompliance: It is essential to emphasize that the court takes noncompliance with discovery requests very seriously. Failure to respond to interrogatories appropriately can result in severe penalties, which may include monetary sanctions, the striking of defenses, or even an adverse inference being drawn against you in the court's determination of the facts of this case. Request for Compliance: I encourage you to reconsider your position and promptly provide complete and accurate responses to Plaintiff's Second Set of Interrogatories. By doing so, you will not only show respect for the legal process but also prevent the unnecessary escalation of this matter. Additionally, compliance with discovery requests will contribute to the fair resolution of this case based on a comprehensive exchange of relevant information. Please be aware that if your compliance with this request is not forthcoming within [reasonable time frame], I shall not hesitate to pursue further legal remedies available under the Alaska Civil Rules to protect my rights as the plaintiff. I kindly request that you acknowledge receipt of this letter in writing within [a reasonable time frame]. Your cooperation in this matter will be greatly appreciated. Thank you for your attention to this urgent matter. I look forward to your prompt response. Sincerely, [Your Name and Signature] [Your Attorney's Name and Contact Information, if applicable]
Alaska Sample Letter for Plaintiff's Motion to Compel Answers to Plaintiff's Second Set of Interrogatories
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FAQ
Interrogatories are lists of questions sent to the other party that s/he must respond to in writing. You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion.
On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost.
Defendant served (1) objections to the discovery; (2) without substantive answers; and (3) without a verification to the response. Generally, the Court held that a motion to compel further discovery responses is the proper motion to be brought when the Defendant serves incomplete verified responses.
The plaintiff must give you responses to the request for interrogatories within 45 days of when you mailed the request. If they do not give you a response you can send a final request to the plaintiff. In the final request tell the plaintiff they have another 30 days to give you answers to your interrogatory requests.
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.
Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
A motion to compel further responses to interrogatories is a prime example. (This is where you've received responses to interrogatories, believe them to be incomplete, and you want the court to order the responding party to provide further responses.)
Courts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.
