Pennsylvania Sample Letter for Answer, Counterclaim, and Preparation of Discovery Request
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FAQ
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.
To sanction a party failing to comply with discovery, the court can order attorney's fees, or they can order the fact you are seeking to establish as having been ?established? for purposes of your case, because the other side will not respond to the discovery on this issue.
A discovery response is essentially a choice that you make after receiving a request for information. The question then becomes, Should you comply or not?
Courts 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.
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.
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.
Failing To Respond To Discovery Can Lead To A Dismissal Of Your Case With Prejudice. In the practice of law, the discovery phase can be your best friend or your worst nightmare. Interrogatories, requests for documents, and depositions can make or break your case.
The Dangers of Lying on Interrogatories When the truth is discovered, the judge may impose a fine, assign additional litigation costs, or dismiss the case entirely if it was brought by the party who provided false information.
