Respondent’s discoveries

[Taxing Matters]

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

First of all, what you quoted as responses from the opposing counsel would suggest that this case is being litigated in federal court. Is that right? And if so, what kind of family matter is this that is in federal court? It matters because the rules for discovery are different in federal court versus state court.

In federal court your lawyer must first confer with opposing counsel to try to resolve any disputes over discovery. If after that your lawyer believes that the opposing side is not complying with discovery and doesn't have any valid objection then your lawyer may file a motion to compel production.

 

[JoeNColesMomma]

No

First of all, what you quoted as responses from the opposing counsel would suggest that this case is being litigated in federal court. Is that right? And if so, what kind of family matter is this that is in federal court? It matters because the rules for discovery are different in federal court versus state court.

In federal court your lawyer must first confer with opposing counsel to try to resolve any disputes over discovery. If after that your lawyer believes that the opposing side is not complying with discovery and doesn't have any valid objection then your lawyer may file a motion to compel production.

No,actually this is state court. This is specifically our county court hearings regarding child custody/support/visitation within the county child was born. The party that wrote these responses originally moved out of state in which child lives. (Opposing party/respondent)

 

[Taxing Matters]

No

No,actually this is state court. This is specifically our county court hearings regarding child custody/support/visitation within the county child was born. The party that wrote these responses originally moved out of state in which child lives. (Opposing party/respondent)

So I'm guessing the opposing party didn't have an attorney and simply wrote the response himself? Because citing a federal rule of procedure in a state court case tells me that he doesn't really know what he's doing and likely just copied that response from something he read somewhere.

 

[stealth2]

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.

However, the manner in which such questions/issues are addressed to the attorney matters a great deal. As does the individual attorney and attorney-client relationship. I can say that I would not have hesitated to bring such thoughts (after doing my own research) to my lawyer as we were a team and she preferred to not have to explain things from the Creation of the Universe - just be able to explain why something may or may not be a good strategy.

At the end of the day, it is one case of many for the attorney, while being the client's only one. It's a delicate dance.

 

[LdiJ]

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.

Are you aware of what questions were asked? Do YOU think that the answers to the questions are necessary? Some attorneys do throw out a huge list of things to be answered and documents to be provided that are way in excess of anything actually needed, just as standard practice in divorce/custody proceedings. Are you prepared to provide the same documents and answer the same questions yourself?

If the questions asked ARE necessary, then again, your attorney will be know how to proceed.

 

[not2cleverRed]

Everyone here seems to assume that the other party is represented by a lawyer.

Per your posting history, I suspect the opposing party's current wife is the author of the response (or nonresponse): POA in Family Court
TL;DR: JNCMomma's ex's current wife has obtained a Power of Attorney for her physically and mentally able husband, and believes that this grants her the ability to appear on his behalf in Family Court - and, apparently, write legal responses.

You question how this will be handled, legally.

While your lawyer has some options, which option will work best is dependent on the judge presiding.

If the discovery questions were reasonable items that are relevant to the case and/or standard questions, your lawyer has legal options. For example, the response could be rejected.

If the discovery questions were unreasonable in their scope and/or not relevant to the case, that's another case. The court may realize that wifey faux attorney is trying to practice law.

 

[JoeNColesMomma]

So I'm guessing the opposing party didn't have an attorney and simply wrote the response himself? Because citing a federal rule of procedure in a state court case tells me that he doesn't really know what he's doing and likely just copied that response from something he read somewhere.

You’re 100% correct! Lol

 

[JoeNColesMomma]

Are you aware of what questions were asked? Do YOU think that the answers to the questions are necessary? Some attorneys do throw out a huge list of things to be answered and documents to be provided that are way in excess of anything actually needed, just as standard practice in divorce/custody proceedings. Are you prepared to provide the same documents and answer the same questions yourself?

If the questions asked ARE necessary, then again, your attorney will be know how to proceed.

Your right, some of them were probably unnecessary but they answered that to each and every single question that was asked. Oh well. I guess we’ll see when court comes around. (This happened back in 2017- and my old attorney never did anything about it- the reason I’m just now asking is because I recently retained a new attorney and she filed new discoveries/questions some of which are very relevant to this case and I have a feeling they will try to answer with those same responses again) we shall see thanks for your guys’ help!

 

[Zigner]

Awesome! Glad I was able to help!

 

[JoeNColesMomma]

Everyone here seems to assume that the other party is represented by a lawyer.

Per your posting history, I suspect the opposing party's current wife is the author of the response (or nonresponse): POA in Family Court
TL;DR: JNCMomma's ex's current wife has obtained a Power of Attorney for her physically and mentally able husband, and believes that this grants her the ability to appear on his behalf in Family Court - and, apparently, write legal responses.

You question how this will be handled, legally.

While your lawyer has some options, which option will work best is dependent on the judge presiding.

If the discovery questions were reasonable items that are relevant to the case and/or standard questions, your lawyer has legal options. For example, the response could be rejected.

If the discovery questions were unreasonable in their scope and/or not relevant to the case, that's another case. The court may realize that wifey faux attorney is trying to practice law.

By now I’m sure they will realize this. Like I have mentioned before she has literally sat in my ex’s place (respondent chair) in the courtroom as if she was going to represent him, but got shut down as soon as she sat and they made her move the the back of the court room (this was our preliminary hearing in August) trial court is November 15. And my lawyer uses the term “faux attorney” all the time when describing her and things she does in the matter. Thank you for understanding my question and answering based on what was asked. You’ve been helpful!