Does a Defendant Have to Answer Interrogatories Sent 28 Days Before Fact Discovery is Due?

Question from Penny, Does a Defendant Have to Answer Interrogatories Sent 28 Days Before Fact Discovery is Due?

Answer from AI:

In general, in the United States legal system, a defendant is required to respond to interrogatories, which are written questions that must be answered under oath, sent by a plaintiff. This is part of the discovery process, which allows both parties to gather information and evidence before a trial.

Time Frame for Responding to Interrogatories

According to the Federal Rules of Civil Procedure (FRCP), specifically Rule 33, a party has 30 days to respond to interrogatories. This time period begins from the date the interrogatories are served. If the interrogatories are served 28 days before the close of fact discovery, the defendant would technically have two days beyond the close of discovery to respond.

However, it’s important to note that the court may have set specific deadlines for the discovery process, including a cut-off date by which all discovery must be completed. If the interrogatories are served too close to this cut-off date, it may not provide the defendant with sufficient time to respond before the end of discovery.

Considerations and Recommendations

• Local Rules and Court Orders: Always check the local rules of the court and any specific orders issued by the judge in your case. These may modify the standard time frames or procedures.
• Seek Legal Advice: If you’re unsure about how to handle interrogatories or any aspect of the discovery process, it’s a good idea to consult with a legal professional. They can provide advice tailored to your specific situation.
• Communication: If you’re the defendant and you receive interrogatories close to the discovery deadline, consider communicating with the plaintiff or the court about the timing. You may be able to agree on an extension or the court may order one.

Remember, this information is a general guide and may not apply to your specific situation. Laws can vary by jurisdiction and individual circumstances can greatly impact how those laws are applied. Always consult with a legal professional for personalized advice.