In the final request tell the plaintiff they have another 30 days to give you answers to your interrogatory requests. The plaintiff has 30 days from the date you served or mailed the final request to provide you with answers. If 40 days pass, and the Plaintiff has not answered, you can file an application for entry of final judgment or dismissal. When you give the court the application for entry of final judgment or dismissal, you must include two other papers with it:.
If you give the court clerk all three documents, they may be able to dismiss the case. You may not get a hearing.
However, a hearing may be set so be sure to check your mail and contact the court if you have any questions. The plaintiff must give you responses to your request for admissions within 30 days. You do not need to do anything if you do not get a response. The plaintiff has 30 days to deny or object to the statements. If the Plaintiff does not respond to your request for admissions within 30 days, then they have admitted each of the statements in your requests.
The court considers that the plaintiff admits all the statements are true if they do not deny or object to them. You can tell the judge that they have admitted that they cannot collect the debt. You have the right to an interpreter. You may be able to get free legal help from your local legal aid program. Or email a question about your own legal problem to a lawyer. What happens if the plaintiff does not give me responses to my discovery requests?
Show Endnotes Hide Endnotes. If the plaintiff does not respond to your: Request for Production of Documents Request for Production of Documents within 30 days You can file a Motion for Order Compelling Discovery If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case. Interrogatories Interrogatory , within 45 days Send a final request. If they do not respond to the final request within 30 days you can send the court an application for entry of final judgment or dismissal.
Request for Admissions Request for Admissions within 30 days All of the admissions are deemed as "admitted. The court will believe all the statements in the request for admissions are true.
Request for production of documents The plaintiff must respond to the request for production of documents within 30 days of when you served, or mailed the request.
Motion for order compelling discovery If the plaintiff does not respond, you can file a motion for order compelling discovery. In the motion: Explain to the judge that you asked the plaintiff to give you documents and, they did not. Tell the judge why you need the documents.
Ask the judge to order the plaintiff to give you the documents you requested. On the motion you also need to put the date and time for the hearing. What types of documents or items can I request in my discovery demand? Can I get documents from someone other than the defendant?
How do I respond to a discovery demand that requests documents? How do I object when I do not want to turn over a document? Depositions What is a deposition? How can depositions help or hurt my case? Who will be at a deposition? What questions should I expect to be asked at a deposition and how should I answer them?
Who pays the deposition costs? How do I schedule a deposition? Interrogatories What are interrogatories and how are they used? Can I send interrogatories to the other party?
How do I respond to interrogatories? You can use discovery to get exact information about your ex's finances:. Using interrogatories — asking where the other party worked in the past year, and how much each job paid. Using Requests for Production - asking for documents backing up what the other party claims about their finances. Examples : past tax returns, bank statements, profit and loss statements. Example 3: You want to limit the other party's time with the children. You can use discovery to ask for:.
We do not cover them all here. A person served with interrogatories has thirty days after service to respond in writing. You must answer each interrogatory separately and fully in writing under oath, unless you object to it. You must explain why you object. You must sign your answers and objections. A person served with a Request for Production of Documents has 30 days from the time of service to provide the documents. Read Depositions. Requests for Admission CR Talk to a lawyer if the other party serves you with these or you want to try to serve the other party with these.
The law calls it "serving" discovery. It is not like serving court papers. You can, but do not have to, file a Proof of Mailing or Hand Delivery with the court just to be safe.
Have a friend who is not a party to the case serve the discovery. Save a copy of your requests for yourself. The other party has 30 days to answer from the time they get your discovery requests. They must answer in writing in the forms you sent. You must explain in writing why the question is irrelevant not related to the case. You must still answer all relevant questions. Relevance — You think what they asked for is not relevant to the case. In-person meetings may be available on a case by case basis, when circumstances require.
With requests for admissions, if the other party fails to respond within twenty-eight days, the facts that you asked them to admit are deemed admitted, and essentially proven for purposes of your case. Those admissions can be set aside, or amended if the other side files a motion demonstrating good cause why they should be set aside, or amended. They are generally not that easily set aside, particularly if you are near the end of the case.
Once you file a statement of discovery issues, the other side has only seven days to file their response. The Court will then typically set a hearing, and rule on whether the other side has to respond to the discovery as you asked.
Depositions are more expensive, because for every hour in deposition, you are paying that attorney at least an additional hour to prepare for that deposition.
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