Nebraska Sample Letter for Review of Answer's and Objections to Plaintiff's 2nd Set of Interrogatories
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How to fill out Sample Letter For Review Of Answer's And Objections To Plaintiff's 2nd Set Of Interrogatories?
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FAQ
Interrogatories can be used to prepare for depositions both for your attorney to think of questions to ask the opposing party and for your attorney to prepare you for a deposition in terms of knowing what the opposing party will ask you during the deposition.
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.
Generally, interrogatories are objectionable if they seek information that is not within the scope of discovery as defined in Maryland Rule 402 or Federal Rule 26(b). These are typically requests that are not relevant, unduly burdensome, broad, vague, privileged. or protected by the work product doctrine.
The law says that the request must be ?reasonably calculated to lead to the discovery of relevant, admissible, evidence.? Something is relevant if it tends to prove or disprove something that one of the sides in the lawsuit needs to prove to win their case.
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.
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.
It's Federal Rule of Evidence 403. It says that even if evidence is relevant, courts may still exclude it if ?its probative value is substantially outweighed by a danger of? unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.?
Unless your written response includes only objections without any factual assertions, it must be verified. This means it must include a statement under the penalty of perjury that your response is true and correct. (CCP § 2031.250).
