Jump to content

Question regarding Time allowed for Discovery Answers

Recommended Posts

I had a quick and stupid question regarding time allowed for filing an answer to Discovery requests in MI.

MCR 2.313(B)(1) says that a request is deemed admitted unless, within 28 days after service of the request a written answer or objection is served.

When does the 28 days start? Does the clock start ticking when their requests are filed with the court, when their proof of mailing is dated, or the date I actually received their requests via USPS First Class Mail?

I didn't get the plaintiff's requests until two days after they mailed it. I'm not sure whether the countdown starts on the day I got them (just via regular mail,not certified) or the day they filed and mailed them.

If the 28 days starts on the day I received the requests in the mail I still have a 2-3 extra days to polish my responses. Otherwise I need to get things ready to go asap.

Thanks in advance!

Link to comment
Share on other sites

Thanks Chuckygee! That's what I figured "after service" meant. However I was a little confused because another part of the rule simply says the requests much be answered in writing within 28 days....never specifically stating when the 28 days start.

One last dumb question. Is the day I received their requests one of the 28 days, or does the countdown begin the next day? It says "within 28 days after service of the request" so I'm assuming the 28 days begins the day AFTER I received their requests?

I do recall that its calendar days and not business days so weekends count. Just not sure now whether the 28 days starts on the day I received their requests or the day after. I want to make sure I use all time available to me.

Link to comment
Share on other sites

LOL! I'm convinced NOTHING will make me Perry Mason at this point, as the more I read the more confused I get. Just when I think I have something figured out I re-read things and realize I'm clueless.

I'll assume the clock starts the day I get the requests. I'm pretty sure the court most likely wouldn't split hairs over 24 hours anyway.

It's just I THOUGHT I was ready to sit down and whip up these answers but I keep doubting myself and coming up with more questions to find answers to before I answer. :confused:

Thanks for the smack upside the head Chuckygee! :lol:

Link to comment
Share on other sites

Just call me SmackyGee!!:spank:

You should have seen the first answer I filed when all of this started for me. I pretty much admitted everything and had no affirmative defenses. But God looks after fools and children, and I am too old to be the latter.

File it giving it your best effort without trying to wait 'til the last minute. You may even be able to amend it later. But don't lose all of your work on a technicality.

Rootin' for ya!

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.