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Responding to "Discovery" during a settlement

I have negotiated to settle a debt by the 26th of this month. Do I still have to answer the "discovery" questions? How much time is generally allowed to answer the "Discovery"?

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Attorney answers (2)

Reputation Level 6
The time allotted to respond to discovery requests depends upon the procedural rules of the court where your action is venued. I am not licensed to practice in Georgia (the location associated with your question) so I suggest you consult with a Georgia attorney. In general, if you feel you do not need to respond to the discovery because a settlement has been reached, a prudent path would be to contact counsel for your adversary to discuss the matter and obtain his/her consent. Then memorialize that conversation in a letter to the counsel for your adversary, indicating that if the settlement is not finalized for some reason, you will then respond to discovery.

Disclaimer: I am not your attorney. This answer does not create an attorney-client relationship. The above does not constitute legal advice. Do not rely on this answer. Each state has different laws and procedural rules and each situation is fact specific. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

Reputation Level 16
If you have an attorney, you should ask that question to your counsel.

I am assuming you are handling the matter pro se and there is a formal action in court. In that case, you need to do is to contact opposing counsel and ask for an extension to respond to discovery. In most cases, counsel will grant your request to avoid a wasting resources.

In general, instructions in the interrogatories or document requests state the amount of time you need to respond to discovery. If this is an informal discovery request that was made before formal litigation, you don't have to respond to that request for information at all.
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