Need help with 3 Interrogatorries statement.

[backinthe50's]

Down to my last 3 responses on Interrogatorries.

Don't know proper response to these.

10. With reference to each and every Affirmative defense you have stated, state the factual basis for your defense.

11.With reference to each and every Affirmative Defense you have stated, state the date and description of any documents which would support the defense.

12. With reference to each and every Affirmative Defense you have stated, identify all persons who have knowledge of the facts supporting the defense.

That's it. Thanks for looking.

[legaleagle]

What defenses did you include? This is the problem with defenses, you have to prove them. If none, these rogs do not apply.

[Coltfan1972]

They are just asking you to prove your affirmative defenses. You just need to lay out your legal theory for your affirmative defense(s). If you don't they can move to strike them and then if you have no other defenses where they have the burden of proof, that could end your case.

Any affirmative defense used is yours to prove, not theirs to disprove.

[backinthe50's]

I will find them again on this post and jump them to the front. Don't know if you all can help then or not but I'll try it anyway.

Thanks

[legaleagle]

You don't need to re-post them. Guaranteed none of them apply. See about filing an amended answer to the complaint, then eliminate them. See this Rule;

RULE 1.190. AMENDED AND SUPPLEMENTAL PLEADINGS

[backinthe50's]

I looked up the rule 1.190 and, as far as I can tell, I had 20 days to amend the Affirmative Defenses after they were submitted. That time is up. The opposing party can agree (think that's what it meant) for me to amend them or I file a motion with the court..

Kind of lost here. Do I need to file an amendment with the court and enter that information in the slots provided in the Interrogatories reply form received from the Plaintiff? Can I just send my responses to Request to Produce and Request for Admissions now and work on this Interrogatorries tomorrow as my time is running out.

[Coltfan1972]

You don't need to re-post them. Guaranteed none of them apply.

Well said.

OP,

I'd just worry about moving forward and getting away from these affirmative defenses. I can't really tell what you're asking in your last post.

[backinthe50's]

Hey Coltfan,

Legaleagle said I should file a motion with the court to amend my affirmative defenses and then deleat them and attach this motion to the ROG. Having a hard time finding out how to do that. He told me to look at 1.190 before his last response-showing me the law. I am too late (after 20 days) to amend except thru the court. Is there a form I have to fill out or do I just type it myself?? ):

Have to do this tomorrow morning for sure-last day to send back in time.

[Coltfan1972]

I've have no idea about specific forms as this would be state specific. Do you have other defenses other than affirmative defenses, such as just denials, without an explanation. If so, you will be okay.

I would personally, IF I HAD OTHER DEFENSES, just answer the interrogatory that you withdraw or can't support that defense and have no objection to it being precluded from being argued. You could even not answer it, IF YOU HAVE OTHER DEFENSES. What are they going to do, move the court to preclude you from using the defenses? You've lost nothing anyway, it was 99.9% chance a losing argument anyway, so who cares if you're precluded from using the argument.

[backinthe50's]

I listed 15 Affirmative Defenses before I ever posted on here. Just got info from others in this venue. I know better now but-too late. They had been sent. I posted them later and you and legaleagle both said they were all useless. They are my only Defenses listed and they are generally generic answers-no attached account#-no proof of ownership-stuff I should have requested from them first-foolish now I know.

Got another suggestion from another- to file a motion in the morning for a time extension and then get this stuff in asap as the due date is the 27th-maybe 29th-can't really tell as the date it was sent is hand written in by plaintiff and can't really tell what it says. Kind of wrote one number over another number.

Think I'll do this and find out more about deleating all of my defenses-I'm just not clear on what that will do, if anything, and don't know if I should leave any.

This area is confusing to me.

Thanks Coltfan!!