Alaska Sample Letter for Plaintiff's Motion to Compel Answers to Plaintiff's Second Set of Interrogatories
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How to fill out Sample Letter For Plaintiff's Motion To Compel Answers To Plaintiff's Second Set Of Interrogatories?
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FAQ
Interrogatories are lists of questions sent to the other party that s/he must respond to in writing. You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion.
On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost.
Defendant served (1) objections to the discovery; (2) without substantive answers; and (3) without a verification to the response. Generally, the Court held that a motion to compel further discovery responses is the proper motion to be brought when the Defendant serves incomplete verified responses.
The plaintiff must give you responses to the request for interrogatories within 45 days of when you mailed the request. If they do not give you a response you can send a final request to the plaintiff. In the final request tell the plaintiff they have another 30 days to give you answers to your interrogatory requests.
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.
Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
A motion to compel further responses to interrogatories is a prime example. (This is where you've received responses to interrogatories, believe them to be incomplete, and you want the court to order the responding party to provide further responses.)
Courts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.
