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Question on interrogatories

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auntnana

Member
What is the name of your state? TN

I have a case in federal court right now and just received the defendants interrogatories.

Federal Rules of Cv Pr. state:
Without leave of court or written stipulation, any party may serve unopn any other party written interrogatories not exceeding 25 in number including all discrete subparts to be answered by the party served.

My local rule says:
Should it appear to the court, whether by motion or otherwise, that a party has used subparts as a means to circumvent the limitation on number, the party, along with the filing attorney, may be subjected to sanctions. Answers to interrogatories must be supplemented as may be required by the facts and circumstances of the case, and by the Federal Rules of Civil Procedure.

Well, the defendant gave me 19 interrogatories with 6 of them having a minimum of 3 subparts. All total, main and subparts, they've submitted 42 interrogatories.

How do I ask the court to impose sanctions? Do I have to answer these since it's in violation of the Federal Rules or do I need to file a motion dismissing them?


Any and all advice is greatly appreciated!
 


HomeGuru

Senior Member
auntnana said:
What is the name of your state? TN

I have a case in federal court right now and just received the defendants interrogatories.

Federal Rules of Cv Pr. state:
Without leave of court or written stipulation, any party may serve unopn any other party written interrogatories not exceeding 25 in number including all discrete subparts to be answered by the party served.

My local rule says:
Should it appear to the court, whether by motion or otherwise, that a party has used subparts as a means to circumvent the limitation on number, the party, along with the filing attorney, may be subjected to sanctions. Answers to interrogatories must be supplemented as may be required by the facts and circumstances of the case, and by the Federal Rules of Civil Procedure.

Well, the defendant gave me 19 interrogatories with 6 of them having a minimum of 3 subparts. All total, main and subparts, they've submitted 42 interrogatories.

How do I ask the court to impose sanctions? Do I have to answer these since it's in violation of the Federal Rules or do I need to file a motion dismissing them?


Any and all advice is greatly appreciated!
**A: I think you are way over your head in this.
 
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Pfaffing85690

Guest
Even local country attorneys in Tennessee don't practice in Federal Court. Go find an attorney with Federal Court experience.

There are more than 280 of them in Davidson County alone.
 

JETX

Senior Member
"How do I ask the court to impose sanctions?"
*** By filing a motion for Sanction.

"Do I have to answer these since it's in violation of the Federal Rules or do I need to file a motion dismissing them?"
*** You have to answer up to the number set by the Rules. Do not 'pick and chose', answer them in order. Ignore any over and above the number allowed.
 

auntnana

Member
JETX thank you so much for the reply.

BTW: I've tried to no end to find an attorney. I've yet to find one within 200 miles that is versed in FCRA. I called every single atty listed in the area wide directories. Two actually asked ME what FCRA was! I'm no where near Davidson county. I even tried the state referral service with no luck. There are several atty's with federal court experience, just none with FCRA experience and none that can refer me to one that does.
 
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peeweeeeee

Guest
sympathize

I sympathize with your plight to find an attorney. Situation is similar in Louisville. Lawyers only want big money cases with the least amount of work. Easy for lawyers to tell you to find a lawyer. The trick is finding one who doesn't say, principal don't pay the bills.
 
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peeweeeeee

Guest
sympathize

I sympathize with your plight to find an attorney. Situation is similar in Louisville. Lawyers only want big money cases with the least amount of work. Easy for lawyers to tell you to find a lawyer. The trick is finding one who doesn't say, principal don't pay the bills.
 

auntnana

Member
Thanks for the link JETX.

The closest attorney on the list is over 2 hours away. I actually have talked with one on the Davidson list that I was referred to but they handle FDCPA and not FCRA.

Guess I'll keep researching and researching and researching.....the librarians don't even look up any more when I walk in...they know the sound of my footsteps by now.:D
 

stephenk

Senior Member
dont just ignore the interrogatories that are past the allowed limit. you must object to each of those interrogatories as exceeding the allowable amount of interrogatories in a federal action pursuant to Federal Code .....
 

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