Skip to main content

Do I still have to answer interrogatories even though I filed my First Amended Complaint a few days after I received them?

Santa Clara, CA |

Defense sent interrogatories. Hearing on demurrer/motion to strike is next month. I will file First Amended Complaint next week and then serve defense interrogatories. Because the claims have changed, won't the defendant's interrogatories be moot?

Attorney Answers 3

Posted

It's unlikely ALL of the interrogatories are rendered moot unless you've filed a completely different lawsuit. Some interrogators may be moot and it's probably a valid objection that those interrogatories are no longer aimed at discoverable information, but to the extent any seek information still discoverable (relevant to subject matter or reasonably calculated to lead to admissible evidence), you should answer. Being obstinate will likely cause you more work (via a meet and confer, motion to compel, and/or entire new set of discovery) than it's worth.

The information/answer is not, nor is it intended to be, legal advice. Consult an attorney regarding your individual situation. This attorney is only licensed to practice law in California. Your question and this answer do not create an attorney-client relationship. Do not send/post any confidential information. For more information, visit: www.thesandiegolawfirm.com

Mark as helpful

3 lawyers agree

Posted

Your filing a First Amended Complaint does not in any way take away from your responsibilities to respond to properly served discovery.

This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

Mark as helpful

1 lawyer agrees

Posted

You still need to respond to the interrogatories, even if you are going to file an amended complaint.
You can contact opposing counsel and ask them to give you an extension until after the amended complaint is filed, but they do not have to give it to you.

Mark as helpful

Civil motions topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics