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Formal discovery timeframes

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okaynowwhat

Junior Member
What is the name of your state (only U.S. law)? MN

(Note: This is for probate court, but I'm assuming the rules there don't vary too much in terms of Civil Procedure.)

Question: What are you likely to run in to if you need to issue a formal discovery request (interrogatories, request for docs, etc) less than 30 days before the scheduled discovery deadline? Can the other side just stall til the deadline passes? Would they object due to insufficient time? And would I have any subsequent recourses?
 


tranquility

Senior Member
Generally, discovery must be completed by the deadline. If you issue it immediately, you may be able to get it still. Who are you here? What does the discovery entail?
 

okaynowwhat

Junior Member
The question is about obligations to the other side in terms of allowing sufficient time to respond, and what scenarios can emerge if that doesn't happen. So for example if Civ Proc allows opponent 30 days to answer your interrogatories, but informal discovery is dragging out and let's say you end up sending them 3 weeks prior to the deadline and don't get an answer. Or alternatively, you get answers but they call for follow-up inquiries. What can happen, and what are the possible recourses? (Note that I'm just using interrogatories as an example here.)
 

Proseguru

Member
Does "etc" include a requests to admit? Miss this dealine at your own peril .. failure to answer is considered an admission.

One can always ask for an extension of time to reply ...
 

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