Dear [Opposing Party's Name], RE: PLAINTIFF'S MOTION TO COMPEL ANSWERS TO PLAINTIFF'S SECOND SET OF INTERROGATORIES I hope this letter finds you well. I am writing to request your prompt attention to and compliance with the interrogatories served upon you as part of our ongoing legal proceedings. Pursuant to the South Dakota Rules of Civil Procedure, specifically Rule 33, we kindly ask that you provide complete and thorough answers to the interrogatories as outlined below within [time frame]. BACKGROUND: To provide some context, this civil case is currently pending in the [court name] in [city], South Dakota. As the plaintiff, it is essential for me to have a complete understanding of the facts, circumstances, and documents relevant to this case. Interrogatories serve as a crucial tool in acquiring this information and allow for the fair and efficient resolution of disputes. In compliance with the applicable rules and requirements, I served you with a second set of interrogatories on [date]. These interrogatories sought to obtain further details and clarification on various aspects relevant to our case. Regrettably, to date, you have failed to respond adequately or provide any answers. REQUEST FOR RELIEF: In light of your non-compliant response, I am left with no recourse but to file this motion seeking an order from the court compelling you to provide complete and accurate answers to the interrogatories. The purpose of this motion is to ensure that both parties have access to all pertinent information, maintain fairness in the legal proceedings, and prevent unnecessary delays. CONTENTIONS FOR THE MOTION: 1. Failure to Comply: As stated above, despite serving you with a duly authorized and valid document discovery request, you have failed to provide any answers to the interrogatories within the time frame prescribed by law. 2. Importance of Answers: The interrogatories seek relevant information that is central to the resolution of this case. The answers will assist in clarifying the facts, determining liability, and assessing damages. By neglecting to respond, you impede the effective progress of this litigation. 3. Good Faith Attempt: Prior to escalating the matter to a motion, I made genuine efforts to resolve this issue amicably by contacting you directly, expressing the importance of compliance, and providing you with extensions where feasible. However, your lack of response compels me to seek relief from the court. 4. Legal Obligation: Pursuant to South Dakota Rule of Civil Procedure 33, you are obligated to respond fully, candidly, and within a reasonable time period. Failure to comply with this obligation may result in sanctions, including but not limited to, adverse inferences, attorneys' fees, and potential contempt of court. REQUESTED ACTION: Accordingly, I respectfully ask the court to grant the following relief: 1. Compel Answers: Issue an order compelling you to provide complete and accurate answers to all interrogatories contained within Plaintiff's Second Set of Interrogatories, within [specify reasonable time frame, e.g., 21 days from the date of the court's order]. 2. Sanctions: Consider imposing appropriate sanctions as permitted by law, including attorneys' fees and costs incurred due to your non-compliance. 3. Extension of Time: In the event you require additional time to gather the necessary information or seek legal advice, please notify me in writing promptly, and we may be able to reach a reasonable and mutually agreed-upon extension. CONCLUSION: I hope that the filing of this motion will not be necessary, and we can promptly resolve this matter through voluntary compliance. However, failure to comply within the requested time frame will leave me with no choice but to pursue this motion, potentially incurring unnecessary expenses and further protraction of this litigation. Thank you for your attention to this matter. I look forward to receiving your prompt compliance and the expeditious resolution of this issue. Sincerely, [Your Name] [Your Contact Information]
South Dakota 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 Dakota Sample Letter For Plaintiff's Motion To Compel Answers To Plaintiff's Second Set Of Interrogatories?
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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.
Responses to interrogatories must be truthful and complete (and are made under oath); and. There may be limits on how many interrogatories are allowable in your jurisdiction.
A motion to compel a response to discovery must include: the nature of the questions or request at issue; the response or objections of the party upon whom the request was served; arguments in support of the motion; and.
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.
If you are unable to answer an interrogatory because it is too vague, ambiguous, or somehow objectionable, you can state an objection and the reason for your objection.
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.
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.)
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. To raise an objection, you write ?Responding party objects on the grounds? followed by why you object.
