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Interrogatories for malicious prosecution or frivolous law suit

Branchville, NJ |

I am the plaintiff representing myself in a malicious prosecution case.
I'm having a hard time finding interrogatory forms on this topic. Any suggestions or any input on what type of questions I should ask?

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Attorney answers 3

Posted

I would guess that 99% of the law has not been boiled down to forms. Look up the statute, as a first step, and quote and cite to the law. Ask your questions, nice, neutral toned, relevant questions.

This case overall would be a significant undertaking even for an experienced attorney.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

Asker

Posted

Thank you for your reply

Posted

You should consider speaking to an attorney at a one on one consultation to disuse this matter further. There is no factual background regarding your situation, dates, names of people involved, order of events or other important information that would be the basis on how you would frame your questions and more importantly whom you would ask them to.

A civil trial attorney at a consultation would be able to take the relevant law and apply it to the specific facts of your case so that you can have an outcome most favorable to what you want. My colleague correctly stated to start by looking at the statute and go from there. Best of luck to you.

DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed. If you found this answer to be HELPFUL then you can vote that this answer was helpful. If you found this answer to be the BEST ANSWER of all those presented, then you can vote that this answer was the best answer presented.

Asker

Posted

Hi and Thank you for your reply. I did not include background info, because the last question I asked on this site, the attorney said they couldn't answer with all my details.. so I wasn't sure how much to include. Basically my ex filed a complaint against me for harassing phone calls. After the discovery period, (she submitted over 500 pages for the court to sift through) the judge asked what evidence she had to support her complaint and they could not produce any. The judge dismissed it at that time and it did not go to trial. (She filed for a restraining order as well, but fabricated more information on that report, including physical abuse allegations, but never mentioned this on her criminal complaint to the police department) I spent thousands of dollars having an attorney represent me after being falsely accused by this person and right now I was trying not to spend any more on her nonsense. I am just trying to get a little guidance. Thanks for your reply. I appreciate it.

Jeffrey Anthony Skiendziul

Jeffrey Anthony Skiendziul

Posted

Hope things work out for you and you're welcome. Restraining orders can be intense and time consuming which results in higher fees. Just be sure to have all of your proofs in order.

Asker

Posted

Thanks Jeff. I represented myself in the restraining order trial and she had an attorney and I actually won. :-) She had absolutely no proof and even perjured herself! That complaint states I pushed her and forced her to have sex. When the judge asked her in court if there was a history of physical abuse, she said no. (he asked her twice) I feel my case contains the 4 elements of Malicious Prosecution and have proof she lied under oath, as well as on her complaints. I'm keeping my fingers crossed! Thanks again!

Jeffrey Anthony Skiendziul

Jeffrey Anthony Skiendziul

Posted

Glad to have been of some help. Hope things work out for you.

Asker

Posted

Hi Jeff, The interrogatories must be replied to, correct? Her attorney is asking some pretty irrelevant things.

Jeffrey Anthony Skiendziul

Jeffrey Anthony Skiendziul

Posted

Usually interrogatories must be replied to or they are deemed admitted. If you feel the interrogatories are irrelevant state the reason why. DO NOT leave the question blank.

Asker

Posted

Ok, will do. From reading the instructions in the Special Civil Packet, I have 30 days to reply. Is that accurate?

Jeffrey Anthony Skiendziul

Jeffrey Anthony Skiendziul

Posted

Follow the instructions.

Asker

Posted

Thanks again!

Posted

Unlike a personal injury case, there are no "form" interrogatories for a malicious prosecution case. As a guide, look in the appendix of the Court Rules for Form A and Form C Interrogatories, which are used in personal injury litigation.

Representing yourself in this matter will be a daunting undertaking. You should contact an attorney. Good luck.

DISCLAIMER: Please be advised that this post is not intended to constitute legal advice and is for informational purposes only. This posting in on way creates an attorney client relationship. You should contact an attorney to protect your interests.

Asker

Posted

Thanks Erik. If I could afford an attorney, I would hire someone.. I spent thousands using representation already, and really can't afford to shell more money.. I'll check out the Appendix's you are referring to. Thanks again!

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