South Carolina Sample Letter for Answer, Counterclaim, and Preparation of Discovery Request
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How to fill out Sample Letter For Answer, Counterclaim, And Preparation Of Discovery Request?
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FAQ
Failure of United States to Participate in Good Faith in Discovery. 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.
Good faith is a legal term that describes the intention of the party or parties in a contract to deal in an honest manner with each other. In contracts, the parties signing abide by and uphold the contract. It requires people to act honestly without taking advantage of others.
Written Discovery Each side can ask the other side to answer questions. The answers will be under oath, so they have the weight and value of sworn statements. When one side receives these requests, they are required to respond to the requests within 30 days.
If you object to a discovery request, generally you have to let the other side know that you are not giving him/her documents that s/he has asked for.
Discovery means you send the other side questions and requests for information or items (like documents) in writing. The other side must respond to your question or request in writing.
Discovery generally begins after the other party has answered a lawsuit. You have 30 days from the date you receive the requests. However, if you serve the other side your requests or you receive a discovery request prior to filing an answer with the court, then you have 50 days instead to answer.
Discovery: Responding to Requests for Production or Inspection Complete Your Written Responses. Objections. Make Copies. Have Your Response Served. Retain Your Response and Proof of Service. Produce the Requested Documents and Things.
This letter is often called a good faith letter. And it is needed under many courts' rules before you can file a motion to compel discovery if the other party ignores your requests or provides evasive responses or move for sanctions if your opponent refuses to comply with the court's discovery order.
Your answers to the interrogatories should usually be short, clear, and direct and should answer only the question that is being asked. This is not the time to set out your entire case or defense to the other side. Take the time to make sure your answers are correct and truthful.
