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What is the next step if the Plaintiff does not comply with Defendant's request for documents and interrogatories?

Whitman, MA |

The order after pretrial conference states discovery should be completed by a certain date. That was almost 2 weeks ago and still have not received documents or answers. What should I do?

Attorney Answers 4


  1. Best answer

    Send a certified letter to them asking when you can expect to receive the materials requested. If still no response, file a motion to compel with the court.

    A. Will Vella is an Massachusetts licensed attorney who focuses his practice on small business, family issues, and small personal matters . This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.


  2. I concur with attorney Vella, but would recommend that you add to your motion to compel a demand for sanctions and attorney fees, and possibly a motion to dismiss (depending on the case).

    This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.


  3. I agree with Attorney's Mason and Vella and would ask, where is your attorney and how come he or she isn't answering these questions for you? Best of luck!

    Gary S. Sinclair is an attorney licensed to practice in Massachusetts. If you wish to contact me or any other attorney on AVVO, just click on the attorney's name and you will find contact information. All of my answers are based on Massachusetts law or a simple reading of the law in your jurisdiction. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to your question. The information provided should NOT be relied upon for making legal decisions. You will be best served by hiring an attorney in your area who specializes in the field of law pertinent to your question.


  4. You actually have a number of options here depending on the circumstances. You will first want to make a documented effort to bridge any areas of disagreement with the other party. If that does not work, you have the right to a dismissal procedure under Rule 33(a) concerning Interrogatories. You also have the right to bring a motion to compel in both instances. If your case is important to you, now may be a good idea to retain counsel and protect your interests.

    Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at www.vaughnmartel.com.