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Limited civil suit. Collection case. Sent the plaintiff interrogatories, request for admissions, request for docs, etc.

Los Angeles, CA |

They answered, objection, deny and unable to admit or deny, plaintiff's discovery is still continuing (they have yet to send out anything to me and it's been over a month), they only refer to the billing statements.

Can I send them a second set of interrogatories, request for docs, admission and bill of particulars? I was told in answering interrogatories, the answering party must give full answers. Thanks in advance.

How do I state that their answer to my first set was unsatisfactory? Or do I just send them all the same paperwork again but this time just state 2nd set?

Attorney Answers 3


(1) YES you can file a "Second Set Of Interrogatories" to Plaintiff;
(2) You can send/file a "Second Set of Admissions;" and
(3) Even a "Second Request For The Production Of Documents."
-----They will IGNORE those too.
(4) Call them up and state that you want those Interrogatories, etc.
ANSWERED or you'll file a "Motion To Compel Answers To Defendant's
First Set Of Interrogatories," and ask for sanctions ($300-$400?).
(5) Good luck!


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If you believe that you're getting the "run around" -- that the objections are meritless or the responses not complete and straightforward -- then you have the option of filing a Motion to Compel Further Responses for each set of discovery. I would suggest consulting with a local attorney with whom you feel comfortable and whom you trust, as Motions to Compel Further Responses have certain specific requirements. (For example, you have to "meet and confer" in good faith prior to filing the motions, you have to submit a Separate Statement with each motion, setting forth each discovery request verbatim, each defective response verbatim, and the legal and factual reasons why a further response is necessary and warranted.)

You can't just serve the same discovery again, for several reasons. First, there is case law that says that is improper. Second, you will likely just get the same deficient responses. Third, you are only allowed 35 discovery requests total in limited jurisdiction, and you will likely blow through those if you just re-serve your prior discovery. (Nothing prevents you from serving NEW discovery, so long as you remain at or below the 35 limit.) Also, you CAN serve what's known as supplemental discovery, where you ask them for any new information or documents obtained since their last responses, but that's usually done after some time has passed, and usually closer to trial. (Remember that if a trial date has already been set, you can only ask for supplemental info/docs once, so don't blow that chance early in the litigation. If a trial date has not yet been set, then you get additional opportunities to ask for supplemental responses.)

Like I said, discovery disputes are not for the faint of heart or the inexperienced. It may be worth your while to consult with an attorney on this. Good luck.

This response is based on limited information. It is not meant as and does not constitute legal advice and does not create an attorney-client relationship.

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The appropriate thing to do is write to the opposing party or the attorney saying that the responses are unsatisfactory and not in good faith. You may offer to confer about the responses by phone or in person within a certain number of days. If they refuse to make proper answers or produce documents in response to your efforts, you may file a motion to compel their compliance. Be sure to include a copy of your written offer to meet telling the court that you have sought to resolve the problem before filing a motion. Be sure that you are on solid ground. Non lawyers often seek discovery that is confusing and not in compliance with the court rules.

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