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Interrogatories to Plaintiff for Motor Vehicle Occurrence - South...

Interrogatories to Plaintiff for Motor Vehicle Occurrence - South Carolina

Q: What happens if you don&#039;t answer interrogatories?

Motions to Compel If a party doesn&#039;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.

Q: What happens if the defendant does not respond to interrogatories?

Motions to Compel If a party doesn&#039;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.

Category:

Civil Procedure - Discovery - Motor Vehicle Accidents

State:

South Carolina

Control #:

SC-221-MV

Format:

Instant download

Description

This is a sample set of 28 Interrogatories from Defendant to Plaintiff for use in connection with a vehicle incident, such as an automobile accident. You should only use this form as a guide and delete questions not relevant to your case, as well as add questions you or your client want to ask the Defendant based upon the facts of your case.

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How to fill out South Carolina Interrogatories To Plaintiff For Motor Vehicle Occurrence?

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FAQ

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.

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.

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.

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.

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.

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.

Interrogatories (Rule 33, SCRCP) in South Carolina There are eight standard interrogatories that you can ask in every case. If the case has more than $25,000 at stake or if it requests a declaratory judgment or injunctive relief from the court, then you can ask up to fifty more additional interrogatories.

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.

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Interrogatories to Plaintiff for Motor Vehicle Occurrence

Note: This summary is not intended to be an all inclusive summary of discovery law in South Carolina, but does include basic and other information.

Definitions

Discovery:

A procedure designed to allow disclosure of information between Plaintiffs and Defendants. Written questions, oral questioning, document production and admissions requests are generally allowed. Discovery was designed to to prevent trial by ambush.

Interrogatories:

Written questions from Plaintiff to Defendant, or from Defendant to Plaintiff. The questions are mailed to the Plaintiff, Defendant or the attorney for response in writing. The answers or responses are usually due between 20-30 days.

Deposition:

A procedure where verbal questions are asked a Plaintiff or Defendant for immediate response. Depositions are usually recorded by a court reporter, who swears the person to tell the truth before questioning begins.

Production of Documents: The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.

Requests for Admissions:

Written questions where you request the other party to admit or deny some relevant fact.

Objections:

Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.

Civil Procedure Rules:

Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.

South Carolina Rules of Civil Procedure

South Carolina has adopted the South Carolina Rules of Civil Procedure which contain rules governing discovery.

Discovery Methods:

Parties may obtain discovery by one or more of the followings methods: depositions upon oral examinations or written questions, written interrogatories, production of documents or things or permission to enter upon land or other property, physical and mental examinations, and requests for admission. Rule 26(a)

Scope:

Parties may gain discovery regarding any matter, not privileged, which is relevant to the subject matter in the pending action. Rule 26(b)(1)

Experts:

A party may through interrogatories require another party to identify each person whom the other party expects to call as an expert witness at trial. Rule 26(b)(4)

Discovery Conference:

At any time after service of the summons, the court may direct the attorneys for the parties to appear before it for a conference on the subject of discovery. Rule 26(f)

Depositions:

Before Whom Depositions May Be Taken:

Within the United States or within a territory subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States, or the state of Indiana, or the place where the examination is held, or before a person appointed by the court in which the action is pending. Rule 28(a)

If the deposition is taken in a foreign country, it is proper to take the deposition on notice before a person authorized to administer oaths in the place in which the examination is held, or before a person commissioned by the court, or pursuant to a letter rogatory. Rule 28(b)

Stipulations:

Unless the court orders otherwise, the parties may by written stipulation provide that depositions be taken at any time, any place, and upon any notice. Rule 29

Interrogatories

Any party may serve upon another party written interrogatories to be answered by the party served. Each interrogatory shall be answered fully in writing and under oath. Rule 33(a)

Production

Any party may serve upon another party a request to produce certain documents, not privileged, to be inspected and copied. Rule 34(a)

Physical and Mental Examination of Persons

When the mental or physical condition (including the blood group) of a party, is in controversy, and in any case in which the amount in controversy exceeds $100,000 actual damages, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or control. Rule 35(a)

Requests for Admissions

A party may serve upon any other party a written request for the admission, of the truth of any matters within the scope of Rule 26.02 set forth in the request, including the genuineness of any documents described in the request. Rule 36(a)

Compel Discovery

A party, upon reasonable notice to the other parties may apply for an order compelling discovery. If a party refuses to allow inspection or fails to answer a question propounded or submitted under Rule 30 or 31, the discovering party may move for an order compelling an answer. Rule 37

Domestic Actions Discovery Notes

If you require extra time to respond to discovery, you should ask the other side for an extension in writing. It may also be necessary to enter an order granting the extension to protect your rights.

Discovery questions are limited in number so select the most important questions to ask the other side. Don't waste your requests writing questions that you already know the answer to.

Interrogatories to Plaintiff for Motor Vehicle Occurrence

Note: This summary is not intended to be an all inclusive summary of discovery law in South Carolina, but does include basic and other information.

Definitions

Discovery:

Interrogatories:

Deposition:

Production of Documents: The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.

Requests for Admissions:

Written questions where you request the other party to admit or deny some relevant fact.

Objections:

Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.

Civil Procedure Rules:

Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.

South Carolina Rules of Civil Procedure

South Carolina has adopted the South Carolina Rules of Civil Procedure which contain rules governing discovery.

Discovery Methods:

Scope:

Parties may gain discovery regarding any matter, not privileged, which is relevant to the subject matter in the pending action. Rule 26(b)(1)

Experts:

A party may through interrogatories require another party to identify each person whom the other party expects to call as an expert witness at trial. Rule 26(b)(4)

Discovery Conference:

At any time after service of the summons, the court may direct the attorneys for the parties to appear before it for a conference on the subject of discovery. Rule 26(f)

Depositions:

Before Whom Depositions May Be Taken:

Stipulations:

Unless the court orders otherwise, the parties may by written stipulation provide that depositions be taken at any time, any place, and upon any notice. Rule 29

Interrogatories

Any party may serve upon another party written interrogatories to be answered by the party served. Each interrogatory shall be answered fully in writing and under oath. Rule 33(a)

Production

Any party may serve upon another party a request to produce certain documents, not privileged, to be inspected and copied. Rule 34(a)

Physical and Mental Examination of Persons

Requests for Admissions

Compel Discovery

Domestic Actions Discovery Notes

If you require extra time to respond to discovery, you should ask the other side for an extension in writing. It may also be necessary to enter an order granting the extension to protect your rights.

Discovery questions are limited in number so select the most important questions to ask the other side. Don't waste your requests writing questions that you already know the answer to.

Interrogatories to Plaintiff for Motor Vehicle Occurrence - South Carolina

Description

Related forms

Viewed forms

How to fill out South Carolina Interrogatories To Plaintiff For Motor Vehicle Occurrence?

Form popularity

FAQ

What happens if you dont answer discovery?

What happens if you don't answer interrogatories?

Can you refuse to answer interrogatories?

Does a defendant have to answer interrogatories?

What happens if plaintiff does not answer interrogatories?

What happens if the defendant does not respond to interrogatories?

How do you respond to plaintiff's interrogatories?

How many interrogatories are there in South Carolina?

How do you respond to interrogatories?

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Interrogatories to Plaintiff for Motor Vehicle Occurrence - South Carolina

Description

Related forms

Viewed forms

How to fill out South Carolina Interrogatories To Plaintiff For Motor Vehicle Occurrence?

Form popularity

FAQ

What happens if you dont answer discovery?

What happens if you don't answer interrogatories?

Can you refuse to answer interrogatories?

Does a defendant have to answer interrogatories?

What happens if plaintiff does not answer interrogatories?

What happens if the defendant does not respond to interrogatories?

How do you respond to plaintiff's interrogatories?

How many interrogatories are there in South Carolina?

How do you respond to interrogatories?

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