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Respondent’s discoveries

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JoeNColesMomma

Active Member
What is the name of your state? Indiana

i recently obtained a lawyer for our family court litigations. (This is my second lawyer in the same said case that had been ongoing since 2016)

the first attorney I had asked a significant amount of questions in the discoveries (interrogatories) and the respondent answered 90% (or more) with this:

“Defendent objects to the Interrogatories and Requests for Production of Documents to the extent that they are overly broad, unduly burdensome, oppressive, and/or seek information that is not relevant to the issues in this lawsuit or reasonably calculated to lead to the discovery of admissible evidence.

Documents requested are obtainable from some other source that is more convenient, less burdensome or less expensive; therefore pursuant to FRCP, TITLE V. Disclosures and Discovery,

Rule 26.(b) Discovery Scope and Limits.
(i) the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive; Respondent will not produce documents responsive to this request.

Subject to such objection(s) and without waiving same, Respondent is not responding to this request.”

my question is what happens if they refuse to answer all interrogatories with this answer? Is that allowed?
Is there anything me and my lawyer can do if he continues to refuse to answer again in this manner?

jessica.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? Indiana

i recently obtained a lawyer for our family court litigations. (This is my second lawyer in the same said case that had been ongoing since 2016)

the first attorney I had asked a significant amount of questions in the discoveries (interrogatories) and the respondent answered 90% (or more) with this:

“Defendent objects to the Interrogatories and Requests for Production of Documents to the extent that they are overly broad, unduly burdensome, oppressive, and/or seek information that is not relevant to the issues in this lawsuit or reasonably calculated to lead to the discovery of admissible evidence.

Documents requested are obtainable from some other source that is more convenient, less burdensome or less expensive; therefore pursuant to FRCP, TITLE V. Disclosures and Discovery,

Rule 26.(b) Discovery Scope and Limits.
(i) the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive; Respondent will not produce documents responsive to this request.

Subject to such objection(s) and without waiving same, Respondent is not responding to this request.”

my question is what happens if they refuse to answer all interrogatories with this answer? Is that allowed?
Is there anything me and my lawyer can do if he continues to refuse to answer again in this manner?

jessica.
I'm sure your lawyer will know how to deal with that. Ask your lawyer.
 

Zigner

Senior Member, Non-Attorney
Free to ask for opinions here. Lawyer is $250 per hour. Just wanting some thoughts. Thanks for yours
Let me rephrase my prior response:
You are represented. Your attorney has the details/facts of your case and is in a much better position to know how to handle the responses that have been received. It would be unwise for us to second-guess your attorney, just as it would be unwise for you to complicate your case by trying to guide your attorney's responses to the matter based on what a bunch of random strangers on the internet might say.
 

JoeNColesMomma

Active Member
Let me rephrase my prior response:
You are represented. Your attorney has the details/facts of your case and is in a much better position to know how to handle the responses that have been received. It would be unwise for us to second-guess your attorney, just as it would be unwise for you to complicate your case by trying to guide your attorney's responses to the matter based on what a bunch of random strangers on the internet might say.
No responses have been received yet.
 

Zigner

Senior Member, Non-Attorney
My question is what do interrogatories HAVE to be answered? If they are answered in that aspect I just want to know how judges would handle that.
It depends on the specific facts in your specific case. Your attorney is the one who will handle this. I suggest that you be patient.
 

JoeNColesMomma

Active Member
One could file a motion to compel and ask the judge to order the opposing party to answer the questions. Filing a motion to compel is a strategic decision that should not be taken lightly.
Thank you for these facts! This is the best answer thus far to my questions! I do appreciate it
 

Zigner

Senior Member, Non-Attorney
Thank you for these facts! This is the best answer thus far to my questions! I do appreciate it
Your attorney is NOT going to appreciate you telling him how to run the case. Furthermore, if your attorney has sent his on interrogatories and not received a reply, and it is still within the allowed time, then a motion to compel is premature.
 

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