Question from Alissa, How Can I File a Motion to Compel Better Answers to Interrogatories in the USA?
Answer from AI:
Filing a motion to compel better answers to interrogatories can be a necessary step when the opposing party in a lawsuit provides insufficient or evasive responses. Here’s a general guide on how you might proceed, but remember, this is not legal advice. Always consult with a legal professional for personalized advice.
What is a Motion to Compel?
A motion to compel is a request to the court to order the opposing party to provide more complete answers to interrogatories. Interrogatories are written questions that one party sends to another as part of the discovery process in a lawsuit. If the responses are incomplete, non-responsive, or evasive, a motion to compel can be filed.
How to File a Motion to Compel
Here are some general steps you might take to file a motion to compel:
- Review the Responses: First, carefully review the responses to your interrogatories. Determine whether the answers are indeed incomplete, non-responsive, or evasive.
- Meet and Confer: Before filing a motion to compel, you must usually attempt to resolve the dispute with the other party. This is often referred to as a “meet and confer” requirement, and it’s mandated by Rule 37(a)(1) of the Federal Rules of Civil Procedure.
- Prepare the Motion: If the dispute cannot be resolved, prepare your motion to compel. This document should explain why the responses are inadequate and what information you’re seeking.
- File the Motion: File the motion with the court and serve it on the opposing party. The specific filing procedures can vary by jurisdiction, so it’s important to check the local court rules.
Legal Assistance and Resources
Filing a motion to compel can be a complex process, and it’s often beneficial to seek legal advice. A lawyer can help you understand the rules, draft the motion, and represent you in court.
For more information on the discovery process and motions to compel, you can refer to the Federal Rules of Civil Procedure Rule 37 and the American Bar Association’s resources.
Remember, this information is a general guide and may not apply to your specific situation. Always consult with a legal professional for personalized advice.
The answer is written by AI.
The text above is written by AI, i.e., a computer.
Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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