Kentucky Discovery - Sample Letter to Attorney Opposite regarding His Client's overdue Interrogatories
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How to fill out Discovery - Sample Letter To Attorney Opposite Regarding His Client's Overdue Interrogatories?
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FAQ
Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.
Hear this out loud PauseCourts 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.
If the other person did not respond or didn't provide complete responses, try to work it out with them directly first. If that does not work, you can request a court order that requires them to respond or respond with more information.
If you are unable to answer a specific question because you don't know or don't have access to the appropriate information, you must indicate the reasons. You may refer to a previous response when responding to an interrogatory providing the previous response sufficiently answers the later interrogatory.
Time after time, courts have authorized sanctions for false and misleading discovery responses, up to and including striking the pleading of the offending party.
You have to respond to interrogatories in writing to the best of your ability. If you do not answer an interrogatory question, and then the other side learns that you did in fact know the answer, it could have a negative impact on your case at trial.
Hear this out loud PauseIf 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.
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.
