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Civil Court - personal injury - 21 days to answer question from my attn and def has failed to answer in the 21 day granted.

Asked over 2 years ago - Richmond, VA

if the discovery questions were sent to the defendant and his Attn or the defendant has not responded by the 21 day - what is the next step. Does that end the case - guilty?? His Attn has not files anything. My Attn has a Court date set for the first part of next year 2010. Also does it matter if the defendant plead guilt to the assult and convicted - does that have any weight on the civil lawsuit.

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Attorney answers (2)

Okiemute C Whiteru

Reputation Level 10

Answered over 2 years ago. Personal Injury Lawyer in Washington, DC.

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You would need to file a Motion to Compel and/or a Motion for Contempt. The motions would ask the judge to order the Defendant to answer your discovery and to penalize the Defendant for failing to answer your discovery in a timely fashion.

You should contact the Defendant's attorney before filing the motion and ask him or her to send you the discovery responses within a week or so. If they fail to send the responses within the week then file the motions.

This is how I handle this situation in D.C. and Maryland. You may want to check your local rules of civil procedure to make sure you satisfy them prior to filing any motion.

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Lauren Morgan Ellerman

Reputation Level 13

Answered over 2 years ago. Business Attorney in Roanoke, VA.

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In Virginia, failing to answer discovery does not make you guilty, or liable. Failing to answer Requests for Admission may mean those questions are deemed admitted - but for the most part, judges give you extra time to answer discovery.

Your attorney will need to file a Motion to Compel answers to discovery which I am certain a Judge will grant - giving the other side more time to respond.

In a civil suit, their pleading guilty may come into play on the liability side, but not damages. You still have to prove you were damaged by the assault so while the guilty plea is helpful, it does not make your case that much easier.

Good luck,

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