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Motion to strike my answers was granted. Need to file Motion to reinstate answers

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judge said my answers to INTERROGATORY are non-responsive here is an Example.........

INTERROGATORY #1 is objected by the Defendant on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. Without waiving his objection, the Defendant upon completion of discovery with the Plaintiff, will most definitely have defenses in this action, and will provide such defenses to the Plaintiff if asked through Discovery. The Defendant reserves the right to update this answer to this interrogatory at a later time when that decision is made.


The Plaintiff did not even attempt to respond to my interrogatories so I filed a Motion to Dismiss but was denied judge said because I lacked Standing, Because my answers to INTERROGATORY are non-responsive.

So now I sent Plaintiff Amended Answers to interrogatory. and need to file and word the Motion to reinstate answers, restore defendant's answer or reconsider correctly. Please help Thank You

Edited by Bob
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Well list the interrogatories so we know what they asked. Can't really assist you if we don't even know what they asked.

By looking at your answer it probably is all the extra needless info you gave, which is common because it's just hard to say deny, don't have, yes or no in these cases, but that is really how you should handle it.

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Thank You for your reply !!

I already sent them Amended Answers to the interrogatory, they should be more responsive. I could post all interrogatory 37 of them, plus 9 request for admission and 14 production of documents for your review, if you think it is necessary with my response to each of them. I was asking for help with preparing a Motion to reinstate my answers. but if you think I should Amend my Answers again I will do so. Thank You.

Edited by Bob
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Your motion to reinstate your answers is when you file your new answers which are more responsive, "amended responses" so to speak.

The judge compelled you to be more responsive, so you send in different answers to take the place of your non-responsive answers.

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4:17-1. Service, Scope of Interrogatories

(a) Generally. Any party may serve upon any other party written interrogatories relating to any matters which may be inquired into under R. 4:10-2. The interrogatories may include a request, at the propounder's expense, for a copy of any paper.

(B) Uniform Interrogatories in Certain Actions.

(1) Limitations on Interrogatories. In all actions seeking recovery for property damage to automobiles and in all personal injury cases other than wrongful death, toxic torts, cases involving issues of professional malpractice other than medical malpractice, and those products liability cases either involving pharmaceuticals or giving rise to a toxic tort claim, the parties shall be limited to the interrogatories prescribed by Forms A, B and C of Appendix II, as appropriate, provided, however, that each party may propound ten supplemental questions, without subparts, without leave of court. Any additional interrogatories shall be permitted only by the court in its discretion on motion.

4:17-5. Objections to Interrogatories

(a) Objections to Questions; Motions. A party upon whom interrogatories are served who objects to any questions propounded therein may either answer the question by stating "The question is improper" or may, within 20 days after being served with the interrogatories, serve a notice of motion, to be brought on for hearing at the earliest possible time, to strike any question, setting out the grounds of objection. The answering party shall make timely answer, however, to all questions to which no objection is made. Interrogatories not stricken shall be answered within such unexpired period of the 60 days prescribed by R. 4:17-4(B) as remained when the notice of motion was served or within such time as the court directs. The propounder of a question answered by a statement that it is improper may, within 20 days after being served with the answers, serve a notice of motion to compel an answer to the question, and, if granted, the question shall be answered within such time as the court directs.

4:17-6. Limitation of Interrogatories

Except as otherwise provided by R. 4:17-1(B), the number of interrogatories or of sets of interrogatories to be served is not limited except as required to protect the party from annoyance, expense, embarrassment, or oppression. The party to whom interrogatories are propounded may apply for a protective order in accordance with R. 4:10-3.

4:6-4. Motion for More Definite Statement or to Strike or Dismiss for Impropriety of Pleading

(B) Impropriety of Pleading. On the court's or a party's motion, the court may either (1) dismiss any pleading that is, overall, scandalous, impertinent, or, considering the nature of the cause of action, abusive of the court or another person; or (2) strike any such part of a pleading or any part thereof that is immaterial or redundant. The order of dismissal shall comply with R. 4:37-2(a) and may expressly require, as a condition of the refiling of a pleading asserting a claimor defense based on the same transaction, the payment by the pleading party of attorney's fees and costs incurred by the party who moved for dismissal.

4:6-7. Waiver or Preservation of Defenses

Defenses (B) © and (d) in R. 4:6-2 are waived if not raised by motion pursuant to R. 4:6-3 or if omitted from a previously made motion to which R. 4:6-6 is applicable. Defenses (e) and (f) and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered, or by motion for summary judgment or at the trial on the merits. Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the matter except as otherwise provided by R. 1:13-4.

4:5-3. Answer; Defenses; Form of Denials

An answer shall state in short and plain terms the pleader's defenses to each claim asserted and shall admit or deny the allegations upon which the adversary relies. A pleader who is without knowledge or information sufficient to form a belief as to the truth of an allegation shall so state and, except as otherwise provided by R. 4:64-1(d) (foreclosure actions), this shall have the effect of a denial. Denials shall fairly meet the substance of the allegations denied. A pleader who intends in good faith to deny only a part or a qualification of an allegation shall specify so much of it as is true and material and deny only the remainder. The pleader may not generally deny all the allegations but shall make the denials as specific denials of designated allegations

4:5-4. Affirmative Defenses; Misdesignation of Defense and Counterclaim

A responsive pleading shall set forth specifically and separately a statement of facts constituting an avoidance or affirmative defense such as accord and satisfaction, arbitration and award, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, resjudicata, statute of frauds, statute of limitations, and waiver. If a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court, on terms if the interest of justice requires, shall treat the pleading as if there had been a proper designation.

4:5-5. Effect of Failure to Deny

Allegations in a pleading which sets forth a claim for relief, other than those as to the amount of damages, are admitted if not denied in the answer thereto. In every action brought upon a negotiable instrument, the authenticity of any signature or endorsement thereon shall be taken to be admitted unless the same is put in issue by the pleadings. Allegations in any answer setting forth an affirmative defense shall be taken as denied if not avoided in a reply; issue shall be deemed to have been joined upon allegations in an answer setting forth other matters. Allegations in a reply shall be taken as denied or avoided, and any defense thereto in law or fact may be asserted at trial.

4:5-6. Consistency

A party may set forth 2 or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. When 2 or more statements are made in the alternative and one of them, if made independently, would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. As many separate claims or defenses as the party has may be stated regardless of their consistency and whether based on legal or on equitable grounds or on both. All statements shall be made subject to the obligations set forth in R. 1:4-8.


Hope this answers your questions.

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There's an attorney in NJ who defends debtors. He posts some of his cases and documents online. You can check them out.

Index of /files

NJ Rule of Civil Procedure 6:6-3(a) gives a guideline for what is required for a Plaintiff to win a default judgment in a credit case.


In the following case, the NJ Superior Court stated that the rule would also apply if a creditor seeks summary judgment. If the creditor's evidence doesn't meet the requirements of the rule, no judgment.

LVNV Funding, LLC v. Colvell - Google Scholar

Edited by BV80
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Thank You !!!!! I would like to thank everyone who has responded to my thread so far. It is very kind for you to take the time to help someone you don't even know. May God bless you all. I would still like to get some help with the correct wording and format for a motion to re-instate or restore my answers which were stricken. Thanks again, Bob.

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