Georgia Discovery - Sample Letter to Attorney Opposite regarding His Client's overdue Interrogatories
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FAQ
If a party does not comply with a discovery order, the trial court may impose sanctions under O.C.G.A.
Some of the valid grounds for objecting to interrogatories are: Irrelevant questions or questions outside the scope of permissible discovery. The information sought for is privileged (protected under the attorney client privilege doctrine or the like)
Hear this out loud PauseOther sanctions may also be applied, including payment of attorney's fees or monetary fines. If the opposition continues to disregard the court order to compel, the requesting party may submit a second ?motion to dismiss for failure to comply with the court's order to provide discovery.?
Hear this out loud PauseCourts 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.
As the party resisting discovery by objecting to an interrogatory, you have the burden to explain why your objections are proper. To satisfy this burden, you should state your objection with specificity. This means giving specific facts, statutes, or judicial precedent supporting your position.
If the other person did not respond or didn't provide complete responses, try to work it out with them directly first. If that does not work, you can request a court order that requires them to respond or respond with more information.
You can object to an interrogatory if the information sought is known by the requesting party or available to both parties equally. For example, you should raise this objection if the answers are publicly available or in a third-party's custody or control.
If you are unable to answer an interrogatory because it is too vague, ambiguous, or somehow objectionable, you can state an objection and the reason for your objection. You must then answer to the extent the interrogatory is not objectionable.
If you do not answer the questions by the deadline, which is usually about a month, the other side could ask the judge to order you to respond to the interrogatories. If you miss the second deadline, the judge could impose a fine against you or strike your pleadings.
