Subject: Urgent! Demand for Response to Overdue Interrogatories — Action Required [Your Name] [Your Law Firm] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Opposing Counsel's Name] [Opposing Counsel's Law Firm] [Opposing Counsel's Address] [City, State, ZIP] Re: [Case Name and Number] Dear [Opposing Counsel's Name], I hope this correspondence finds you well. I write to bring to your attention the matter of your client's overdue interrogatories in the above-referenced case. As the discovery process plays a crucial role in ensuring a just and fair resolution, it is imperative that your client promptly responds to outstanding interrogatories without further delay. Alaska Discovery, also commonly known as the Alaska Rules of Civil Procedure, governs the procedural guidelines for discovery in Alaska. These rules aim to facilitate the exchange of relevant information between parties and assist in the proper preparation for trial. Included within the discovery phase are interrogatories, which are a series of written questions that must be answered under oath by the responding party. As per Rule 33 of the Alaska Rules of Civil Procedure, your client had a duty to respond to our interrogatories within 30 days from the date of service. Regrettably, it has been well beyond that timeframe, and we have yet to receive any response or communication regarding the outstanding interrogatories. This delay is causing a significant impediment to our ability to adequately prepare for trial and meet our respective duties to our clients. We recognize that unforeseen circumstances may have arisen, causing delays in complying with discovery obligations. Therefore, we kindly request you to promptly explain the reasons for this delay and provide a firm date by which we can expect the requested responses. Failure to respond in a timely manner to the interrogatories is a violation of the Alaska Rules of Civil Procedure and may be subject to sanctions and adverse inferences. To avoid such consequences, we strongly urge you to prioritize this matter immediately and work cooperatively with us to resolve this issue without further delay. In the event that we do not receive a satisfactory response within [reasonable deadline, e.g., 10 business days] of the date of this letter, we will have no choice but to pursue appropriate legal remedies, including but not limited to filing a motion to compel discovery responses, seeking attorney's fees, and informing the court of this failure to comply. Please consider this letter as a formal and final demand for your client's immediate compliance with their discovery obligations. We trust that you will act professionally and responsibly by promptly addressing this matter. If you have any questions or require clarification regarding the interrogatories or our request, please do not hesitate to contact me at [your phone number] or [your email address]. Thank you for your immediate attention to this pressing matter. Yours sincerely, [Your Name] [Your Title/Position] [Your Law Firm]
Alaska Discovery - Sample Letter to Attorney Opposite regarding His Client's overdue Interrogatories
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FAQ
As a rule, lawyers should avoid carbon copying or blind carbon copying clients on email, especially those to opposing counsel. And if doing so is necessary, the lawyer should first explain to the client why the lawyer is using CC or BCC, and that the client should not respond to all.
When you are emailing the opposing counsel, always be mindful of your tone, words, and spelling. Double-check and then check again before entering an email address in the ?To:? line and hitting ?send.? Make copies of all correspondence and never copy or blind carbon copy your client in emails with the opposing counsel.
Some are, some are not. The general rule is that all communications between parties is open and unprotected . However an exception applies to communications as part of an effort to settle the case. It is wise to head all such communications with the words ??Without Prejudice".
8 Tips for Dealing with Difficult Opposing Counsel Point out Common Ground. ... Don't be Afraid to Ask Why. ... Separate the Person from the Problem. ... Focus on your Interests. ... Don't Fall for your Assumptions. ... Take a Calculated Approach. ... Control the Conversation by Reframing. ... Pick up the Phone.
If you do not answer the questions by the deadline, which is usually about a month, the other side could ask the judge to order you to respond to the interrogatories. If you miss the second deadline, the judge could impose a fine against you or strike your pleadings.
Rule 33(d) states that a party electing to respond to an interrogatory by providing electronically stored information must ensure that the interrogating party can locate and identify it ?as readily as can the party served,? and that the responding party must give the interrogating party a ?reasonable opportunity to ...
Dear [Opposing Counsel Name], I am writing to follow up on our recent communication regarding [case name]. I have not yet received a response from you regarding [list the specific issue or question]. Please let me know your thoughts as soon as possible so that we can continue to move forward with the case.
As the party resisting discovery by objecting to an interrogatory, you have the burden to explain why your objections are proper. To satisfy this burden, you should state your objection with specificity. This means giving specific facts, statutes, or judicial precedent supporting your position.
