Interrogatories Not Answered

[Madison31]

What is the name of your state (only U.S. law)? MI

Dad was sent interrogatories 20 days ago. He responded well within the 28 days, however, he did not answer half the questions. He simply left them blank. The questions are discoverable and not confidential.

What can be done?

Thank you.

 

[Ohiogal]

File a motion to compel if they conform to the rules regarding interrogatories. How many interrogatories did you send him?

 

[Madison31]

Interrogatories in total, including Request for Admission, was 48 questions.

Here is where I do not understand MCR.

Under Federal Rules of Civil Procedure it states:

a) IN GENERAL.(1) Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(2).(2) Scope. An interrogatory may relate to any matter that may be inquired into under Rule 26.

In the above, the respondent has 30 days to respond. IN MCR, respondent has 28 days to respond. Does the above pertain to federal MI cases only? And not civil cases?Because I found this also......

However, in Michigan Court Rules, it does not state how many questions can be sent. It's MCR 2.309. This rule states that the other party has 28 days to respond.

The above was found at :

http://www.ocba.org/resource/attach/1302/MichiganRulesofProfessionalConduct.pdf

Chapter 2. Civil Procedure

 

[LdiJ]

Were the things that he left blank truly relevant and necessary information? Many times interrogatories contain all kinds of questions that people cannot reasonably answer, or that are unreasonable questions. Often people do not respond to those questions.

 

[Ohiogal]

Interrogatories in total, including Request for Admission, was 48 questions.

Here is where I do not understand MCR.

Under Federal Rules of Civil Procedure it states:

a) IN GENERAL.(1) Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(2).(2) Scope. An interrogatory may relate to any matter that may be inquired into under Rule 26.

In the above, the respondent has 30 days to respond. IN MCR, respondent has 28 days to respond. Does the above pertain to federal MI cases only? And not civil cases?Because I found this also......

However, in Michigan Court Rules, it does not state how many questions can be sent. It's MCR 2.309. This rule states that the other party has 28 days to respond.

The above was found at :

http://www.ocba.org/resource/attach/1302/MichiganRulesofProfessionalConduct.pdf

Chapter 2. Civil Procedure

You are going to have to file a motion to compel and motion for leave in order to get all these answered. How many questions did he answer? Does he have counsel?

 

[Madison31]

He did not answer 21 questions. Six (6) of those questions have subparts.

Yes they are revelant to our case. Some were asking of income and W2's including income from both of his current jobs and any bonuses he has received from 2006-2008. There is a question about his tax returns.

There are questions about his current home along with him to provide the addresses of all the places he has lived in the past 5 years. I ask that because he has moved at least 6 times and currently has an eviction notice.

I asked for the names of people currently residing in his home.

I asked for his work hours and if he works weekends.

And the questions that he did answer were on the same paper as the interrogatories/request for admissions. The answers were either "deny" or "admit." When he went into further detail, the answer was very brief. Three (3) to four(4) words.

Yes, he has counsel.

 

[Ohiogal]

Well you may not get more than the 25 questions answered. You asked too many. And each subpart is a question. Technically he answered 27 questions. Which was two more than you are entitled to under federal rules of civil procedure which most likely are used by your local court or will be cited in why he should not have to answer them.

 

[Madison31]

(C) Motion Regarding Answer or Objection. The party who has requested the admission may move to determine the sufficiency of the answer or objection. The motion must state that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosurewithout court action. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of the rule, it may order either that the matter is admitted, or that an amended answer be served. The court may, in lieu of one of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time before trial. The provisions of MCR 2.313(A)(5) apply to the award of expenses incurred in relation to the motion.


(C) Expenses on Failure to Admit. If a party denies the genuineness of a document, or the truth of a matter asrequested under MCR 2.312, and if the party requesting the admission later proves the genuineness of the document or the truth of the matter, the requesting party may move for an order requiring the other party pay the expenses incurred in making that proof, including attorney fees. The court shall enter the order unless it finds that 1) the request was held objectionable pursuant to MCR 2.312,(2) the admission sought was of no substantial importance,(3) the party failing to admit had reasonable ground to believe that he or she might prevail on the matter.



QUESTIONS:
So if I can prove that he is not telling the truth, I may motion for him to pay for court expenses that incure while I was proving a fact?

IF the 25 question limit does not include MCR, is it determined that the questions he did not answer, he indeed admits? I know I can file a motion to compel, but if I do not, is it assumed that he admits if he did not answer?

If the 25 question rule does apply to MCR, am I able to send additional interrogatories separate from the ones I previously sent? As long as there are only 25 questions including subparts?

 

[Ohiogal]

(C) Motion Regarding Answer or Objection. The party who has requested the admission may move to determine the sufficiency of the answer or objection. The motion must state that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosurewithout court action. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of the rule, it may order either that the matter is admitted, or that an amended answer be served. The court may, in lieu of one of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time before trial. The provisions of MCR 2.313(A)(5) apply to the award of expenses incurred in relation to the motion.


(C) Expenses on Failure to Admit. If a party denies the genuineness of a document, or the truth of a matter asrequested under MCR 2.312, and if the party requesting the admission later proves the genuineness of the document or the truth of the matter, the requesting party may move for an order requiring the other party pay the expenses incurred in making that proof, including attorney fees. The court shall enter the order unless it finds that 1) the request was held objectionable pursuant to MCR 2.312,(2) the admission sought was of no substantial importance,(3) the party failing to admit had reasonable ground to believe that he or she might prevail on the matter.



QUESTIONS:
So if I can prove that he is not telling the truth, I may motion for him to pay for court expenses that incure while I was proving a fact?

IF the 25 question limit does not include MCR, is it determined that the questions he did not answer, he indeed admits? I know I can file a motion to compel, but if I do not, is it assumed that he admits if he did not answer?

If the 25 question rule does apply to MCR, am I able to send additional interrogatories separate from the ones I previously sent? As long as there are only 25 questions including subparts?

File a motion asking that it be admitted. If it is an admission that he did not answer.

 

[Madison31]

Thank you.