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Louisiana Motion to Compel Answers to Interrogatories and Plaintiff's Request for Production

State:
Louisiana
Control #:
LA-5138
Format:
Word; 
Rich Text
Instant download

Description

In this example, the mover notes that discovery responses have not been received from the opposing party. Mover requests an order to show cause as to why judgment should not be rendered in favor of mover, by default due to failure to make discovery, or why the court should not order that the interrogatories be answered and documents be produced. An order to show cause is attached.
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  • Preview Motion to Compel Answers to Interrogatories and Plaintiff's Request for Production
  • Preview Motion to Compel Answers to Interrogatories and Plaintiff's Request for Production
  • Preview Motion to Compel Answers to Interrogatories and Plaintiff's Request for Production

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FAQ

Responding to Form InterrogatoriesAnswer each question, being careful to answer each subpart, if one exists. Read the question carefully, and answer only what it asks. You may attach exhibits, if necessary. The response must be verified, meaning you must swear that the responses given are true.

Your answers to the interrogatories should usually be short, clear, and direct and should answer only the question that is being asked. This is not the time to set out your entire case or defense to the other side. Take the time to make sure your answers are correct and truthful.

A motion to compel asks the court to enforce a request for information relevant to a case.The requesting party files a motion to compel discovery responses if the opposing party continues to deny the discovery request.

Hearing on Motion to Compel When a motion to compel is filed with the court, a hearing is scheduled. At the hearing, the party that filed the motion will need to tell the judge why the other party should be compelled to do something.Once that happens, that party will not be able to use the documents at trial.

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.

If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case. Send a final request. If they do not respond to the final request within 30 days you can send the court an application for entry of final judgment or dismissal.

You must answer each interrogatory separately and fully in writing under oath, unless you object to it. You must explain why you object. You must sign your answers and objections.

Motion for Sanctions If the court issues an order compelling discovery, and the party fails to comply with that order, then the court may sanction the party in numerous ways such as refusing to let in the party's evidence at trial, dismissing their lawsuit or striking their defense to a lawsuit, and imposing

So, can you refuse to answer interrogatories? The answer is, no, you may not.That answer must either permit inspection of the requested information or object to the production of the information for a specific reason.

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Louisiana Motion to Compel Answers to Interrogatories and Plaintiff's Request for Production