Interrogatories are formal sets of written questions required to be answered under oath as part of the discovery process in civil litigation. A03 Defendant's Interrogatories to Plaintiff refers specifically to the set of questions submitted by the defendant to the plaintiff. These are used to gather crucial information to assist in the defense strategy.
Failing to accurately and completely respond to defendants interrogatories can lead to a series of legal disadvantages such as sanctions, fines, or even dismissal of your claims. Especially in sensitive cases involving medical malpractice or real estate, where the stakes are particularly high, detailed diligence in your responses is crucial.
Q: What is an interrogatory number?
A: An interrogatory number refers to the specific ordering and categorization of each question within the set of interrogatories issued.
Q: Can I refuse to answer an interrogatory?
A: Generally, you must respond to all interrogatories unless a specific legal privilege applies. Failure to answer can result in legal penalties.
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MCR 2.309(A)(2) Availability; Procedure for Service; Limits Each separately represented party may serve no more than 20 interrogatories on each party.
The plaintiff must respond by the deadline. There are different ways to make sure you get each kind of discovery if the plaintiff does not give it to you by the deadline. If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case.
So, can you refuse to answer interrogatories? The answer is, no, you may not. You must answer a Rule 33 interrogatory within 30 days of being served with it. That answer must either permit inspection of the requested information or object to the production of the information for a specific reason.
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.
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.
Motions to Compel If a party doesn't respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. If the court grants the motion to compel, then the party who objected or failed to answer must then do so.
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.
Motions to Compel If a party doesn't respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. If the court grants the motion to compel, then the party who objected or failed to answer must then do so.
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.