[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Opposing Party's Name] [Opposing Party's Address] [City, State, ZIP] Re: Plaintiff's Motion to Compel Answers to Plaintiff's Second Set of Interrogatories Dear [Opposing Party's Name], I hope this letter finds you well. As you are aware, I am writing to address the outstanding responses to Plaintiff's Second Set of Interrogatories that were served upon you on [Date]. Despite the passage of ample time, it has come to my attention that you have failed to provide complete and satisfactory answers to these interrogatories. As set forth in the North Dakota Rules of Civil Procedure, Rule 33, a party is obliged to answer interrogatories fully and truthfully within a reasonable time frame. Failure to do so may result in sanctions imposed by the court. It is in light of this obligation that I hereby file Plaintiff's Motion to Compel Answers and request the following relief: 1. Immediate and complete responses: I respectfully request that you promptly provide complete and detailed answers to Plaintiff's Second Set of Interrogatories, as required by the Rules of Civil Procedure, within [a reasonable time frame, generally 14 days from the date of this letter]. 2. Sanctions: In the event you fail to comply with this motion, I will request the court to impose appropriate sanctions for your noncompliance, which may include, but are not limited to, striking certain pleadings, precluding evidence, awarding attorney's fees, or deeming specified facts as established. 3. Attorney's Fees and Costs: If this motion is granted, I will also request the court to award attorney's fees and costs incurred in bringing this motion due to the unnecessary expenditures of time and resources caused by your failure to properly respond to the interrogatories. Please be advised that if a response is not provided within the given timeline or if the responses provided are insufficient, we will have no alternative but to diligently pursue the aforementioned relief through a court hearing. Additionally, failure to respond or comply with this motion may worsen the court's perception of your cooperation and may result in further consequences. I encourage you to seek independent legal advice to fully comprehend your obligations and responsibilities under the North Dakota Rules of Civil Procedure and to comply with all necessary requirements. Prompt resolution of this matter through comprehensive answers to the interrogatories will enable both parties to better prepare for trial and facilitate an efficient and fair legal process. Should you have any questions or concerns regarding this matter, please do not hesitate to contact me at the above-mentioned contact information. I strongly urge you to take this motion seriously and address the outstanding issues without delay. Thank you for your immediate attention to this matter. Sincerely, [Your Name] [Your Title/Position] [Your Law Firm Name, if applicable]
North Dakota Sample Letter for Plaintiff's Motion to Compel Answers to Plaintiff's Second Set of Interrogatories
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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.)
Here are some of the things lawyers often ask for in discovery: anything a witness or party saw, heard, or did in connection with the dispute. anything anyone said at a particular time and place (for example, in a business meeting related to the dispute or after a car accident that turned into a lawsuit)
Interrogatories are a discovery tool that the parties can use to have specific questions about a case answered before trial. Interrogatories are lists of questions sent to the other party that s/he must respond to in writing.
Answers to interrogatories can be much more complete than answers to deposition questions. Interrogatories are generally less expensive than depositions because they don't require court reporter fees, transcript costs, or attorney time in traveling to and from the deposition.
Answer only the question that is asked, and avoid the temptation to over-explain your answer. If the question contains several parts, you may break your answer into parts as well. It is also possible that you might object to the question.
Interrogatories can be quicker, less costly, and less complicated than depositions, but there are downsides. Since the questions are written, the witness may have more time to think and craft answers, rather than providing more candid answers during discovery.
Interrogatories are often preferable to depositions for identi- fying such things as witnesses, documents, the dates and sub- stance of transactions and conversations,3 since a deponent may easily forget or overlook relevant information when an- swering such questions.
