What happens in a civil case if the plaintiff doesn’t answer interrogatories in time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens in a civil case if the plaintiff doesn’t answer interrogatories in time?
We sent all interrogatories and admissions per state law but the plaintiff sent them back almost 20 days late. So what do I do now?
Asked on January 31, 2012 under Bankruptcy Law, Illinois
Answers:
Trevor Clement / Law Office of Trevor A. Clement, LLC
Answered 12 years ago | Contributor
It's hard to say on the interrogatories; it all depends on which state you're in. In MA, they have 45 days to answer, then you have to send a final notice and give them an additional 30 days, then you can file for a default judgment. You should check your state's Rules of Civil Procedure.
Of course, they did finally answer them, so it's more likely than not that the judge will let it slide, even though they were a little late.
The admissions, however, are another issue altogether. Admissions need to be answered by the deadline and there is no extension (again, check your state's rules). If they really did fail to answer admissions on time (make sure they did not file a motion to extend the deadline), then everything in the admissions is admitted as true and is established as a hard fact for the purposes of your case.
You should file a Motion to Strike their admission responses based on the fact they were filed late. Again, it depends on who the judge is; he might side with you, he might accept their late answers and deny your motion. Judges are usually stricter when it comes to admissions, but they're also not wild about deciding a case on a technicality.
Either way, this doesn't resolve the case. Best case scenario: the allegations in your admissions are held as true, but you still will need to either file a dispositive motion or go to trial.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.