Civil/Commercial Litigation (Lawsuits)/Legal Advice
Expert: Charles W. Field - 11/15/2005
QuestionI am in a civil litigation against a Credit Card issuer. I am the plaintiff. I dicided to represent my self. Now a month away from the trial day, the defendant's attorneys sent me a written interrogatories, what they also call Discovery questions or interrogatories.
Do I have to answer those questions?
How about if I don't?
Is it an obligation to answer them?
What would happen if I do not answer them?
Thanks.
AnswerYou should be careful to check the law of your state on this. In GA, we must respond; however, if we don't respond within 30 days, the other side's only remedy is to file a Motion to Compel, which takes even more time. As a practical matter, that puts the other side in the awkward position of having to explain to the trial judge why he/she waited so long to serve the discovery materials on you. Many judges will say that he/she should have done that way in advance of the trial date so that the Motion to Compel will not delay the trial. The judge may force the other side to go forward at trial without the requested information. I would advise at least a consultation with a local attorney.