Montana Sample Letter for Answer, Counterclaim, and Preparation of Discovery Request
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How to fill out Sample Letter For Answer, Counterclaim, And Preparation Of Discovery Request?
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FAQ
Responses to interrogatories must be truthful and complete (and are made under oath); and. There may be limits on how many interrogatories are allowable in your jurisdiction.
Discovery means you send the other side questions and requests for information or items (like documents) in writing. The other side must respond to your question or request in writing.
However, you can object to interrogatories that call for legal conclusions. You can also object to questions if they are not at all related to the court case. To object, you need to write out the reasons for the objection instead of answering the question.
Begin by explaining that the case has reached the discovery stage and what that means. Something like this: At this stage of the pending action, all parties are subject to procedures called ?discovery? that allow each party to obtain information and documents relevant to the case.
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.
If you are unable to answer a specific question because you don't know or don't have access to the appropriate information, you must indicate the reasons. You may refer to a previous response when responding to an interrogatory providing the previous response sufficiently answers the later interrogatory.
If the question contains several parts, you may break your answer into parts as well. It is also possible that you might object to the question. To raise an objection, you write ?Responding party objects on the grounds? followed by why you object.
This letter is often called a good faith letter. And it is needed under many courts' rules before you can file a motion to compel discovery if the other party ignores your requests or provides evasive responses or move for sanctions if your opponent refuses to comply with the court's discovery order.
