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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?

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Attorney answers 3


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.

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

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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.

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