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Is My Time Up To Respond To Discovery?


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Yesterday, I got the Plaintiff's discovery requests for admissions, interrogatories, and production of documents. It's dated June 20, 2006, but I didn't get until yesterday July 10. The weird thing about it is that there is a postmark for June 20, but there is no barcode on the bottom of the letter to indicate that it went through a postal machine at a post office (like other the letters I have received from them). I'm thinking that they just drove by my house and stuck it in my mailbox to try to only give me 10 days to respond. Could that be possible?

My question is do I have until August 10 or July 20 to respond?

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Yesterday, I got the Plaintiff's discovery requests for admissions, interrogatories, and production of documents. It's dated June 20, 2006, but I didn't get until yesterday July 10. The weird thing about it is that there is a postmark for June 20, but there is no barcode on the bottom of the letter to indicate that it went through a postal machine at a post office (like other the letters I have received from them). I'm thinking that they just drove by my house and stuck it in my mailbox to try to only give me 10 days to respond. Could that be possible?

My question is do I have until August 10 or July 20 to respond?

Call the court, see if they have a COS on file for the discovery. Tell them you just received the discovery requests yesterday and ask if (1) they will note the date received in the case file, and (2) what date to use in answering. A court clerk can answer those questions without giving legal advice. For any of us here to tell you to use one or the other date might well be wrong. Make sure you ask that the date received is noted in the case file. Send a letter to the court affirming what was said in the telephone call and respectfully request that the letter become part of the file.

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Ok, I've composed a letter to the Clerk of Courts as well as the Plaintiff's attorney. Can you guys make sure I haven't left anything out?

Clerk of Courts Letter

To Whom It May Concern:

My name is XXXX and I am the defendant in the above mentioned case. On July 10, 2006, I had first received the Plaintiff’s request for Admissions, Interrogatories, and Production of Documents.

I respectfully request that the date of my receipt of these requests be noted in my case file. I am also requesting that this letter become apart of my case file. Finally, I would like to note that I have 30 days from the receipt of the Plaintiff’s request to answer. I will respond to the Plaintiff’s aforementioned requests by August 10, 2006.

If you need to contact me for any reason, please call me at (404) 414-2546.

Best Regards,

XXXXXX

Defendant Pro Se

Letter to Attorney

RE: Request for Admissions, Interrogatories, and Production of Documents for Case # XXXXXX

Dear Mr. Attorney:

I am writing to inform you that I have just received your request for Admissions, Interrogatories and Production of Documents yesterday, July 10, 2006.

At this time, I am requesting that you grant me an extension of 30 days. I need this time to answer your requests properly.

Unless I hear otherwise, I will assume that my request has been granted.

Respectfully,

XXXXXXX

Defendant

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I have sent the request to the lawyer now, but am I supposed to file it with the court too? Am I supposed to file a motion for extension with the court?

Extensions are normally done in the form of motion. What do your RCP's say? That is what you need to read and follow to get an extension.

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