Dear [Opposing Party's Name], RE: MOTION TO COMPEL ANSWERS TO PLAINTIFF'S SECOND SET OF INTERROGATORIES — SOUTH CAROLINA I hope this letter finds you well. As pursuant to the South Carolina Code of Civil Procedure, I, on behalf of my client, the plaintiff in the case [case name], hereby submit this motion to compel the defendant to provide comprehensive answers to the plaintiff's second set of interrogatories. BACKGROUND: In this ongoing legal matter, my client, the plaintiff, served the defendant with their second set of interrogatories on [date]. These interrogatories were specifically tailored to gain crucial information relevant to our case and the issues at hand. However, unfortunately, the defendant's responses received on [date] were inadequate, incomplete, and failed to address many key elements set forth in our interrogatories. BASIS FOR MOTION: 1. Failure to Comply with South Carolina Code of Civil Procedure: The defendant's failure to provide complete and explicit responses is a direct violation of Rule [specific rule number] of the South Carolina Code of Civil Procedure. According to this rule, the defendant has a legal obligation to respond to each interrogatory fully, providing all the information required, subject to any applicable objections. 2. Relevance of Interrogatories: The plaintiff's second set of interrogatories was painstakingly crafted to seek precise information and discover essential evidence that is crucial to establish a solid foundation for our case. Consequently, the defendant's evasive responses hinder our ability to fully comprehend the facts at hand and pursue a fair resolution in this matter. REQUEST FOR RELIEF: In light of the aforementioned reasons, we respectfully request the following: 1. Compel the Defendant: We urge the court to issue an order compelling the defendant to provide complete and accurate responses to the plaintiff's unanswered interrogatories. The court's intervention is necessary to ensure the defendant's compliance with their legal obligations under South Carolina law. 2. Timely Response: We request a specific deadline for the defendant to provide the complete and comprehensive responses. We propose a reasonable deadline of [proposed deadline], which allows ample time for the defendant to gather the necessary information and respond effectively. CONCLUSION: We firmly believe that this motion for compelling answers to the plaintiff's second set of interrogatories is well-grounded in accordance with the South Carolina Code of Civil Procedure. Enclosed with this letter, you will find a copy of the plaintiff's second set of interrogatories and the defendant's insufficient responses. We hope that the court recognizes the significance of this matter and acts accordingly in ensuring a fair and just resolution. Please kindly acknowledge receipt of this motion within [a specified timeframe] and inform us of any objections or opposing arguments you may have. We sincerely hope that co-operation will lead to a swift resolution of this matter. Thank you for your prompt attention to this request. Sincerely, [Your Name] [Your Firm's Name] [Your Contact Information] Keywords: South Carolina, motion to compel, answers, plaintiff's second set of interrogatories, code of civil procedure, inadequate responses, court order, compliance, relevance, relief, deadline, fair resolution, objection, opposition, legal matter
South Carolina Sample Letter for Plaintiff's Motion to Compel Answers to Plaintiff's Second Set of Interrogatories
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How to fill out South Carolina 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.)
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.
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.
There is no form for your answer, but you typically have to respond in a specified format, using paper with numbers down the left-hand side, with your name and address at the top left, the name of the court and of the case, and the case number.
Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
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.
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.
However, you can object to interrogatories that call for legal conclusions. You can also object to questions if they are not at all related to the court case. To object, you need to write out the reasons for the objection instead of answering the question.
