Question on discovery do I mail it?

[perchdinner]

I mail my discovery notice to the plaintiff/lawyer and I mailed it one day after my answer . Do I now need to take my discovery inquiry to the clerk of courts?

[easy619]

Discovery such as  Request for Production, Interrogatories and Admissions  should not be filed with the court. Do have someone serve them with a Proof of Service, and have them sent Certified Mail with Return Receipt so that you have proof that plaintiff received them and when. Keep copies of everything.

[perchdinner]

Thanks

[racecar]

http://philipstern.com/resources.html

look here for interrogatories to serve upon the plaintiff. Just take out the NJ rules and put in ohio rules.

There isn't any requirement in title five (Discovery) that requires filing anything with the Court. You are limited to 40 interrogatories, and you have to provide an electronic copy to the other side. Send a copy of the(CD)and the paper copy of the interrogatories to the plaintiff's attorney always send CMRR-certified mail return receipt and make a copy or two for yourself.

RULE 33. Interrogatories to Parties

(A) Availability; procedures for use. Any party, without leave of court, may serve upon any other party up to forty written interrogatories to be answered by the party served. A party serving interrogatories shall serve the party with an electronic copy of the interrogatories. The electronic copy shall be reasonably useable for word processing and provided on computer disk, by electronic mail, or by other means agreed to by the parties. A party who is unable to provide an electronic copy of the interrogatories may seek leave of court to be relieved of this requirement. A party shall not propound more than forty interrogatories to any other party without leave of court. Upon motion, and for good cause shown, the court may extend the number of interrogatories that a party may serve upon another party. For purposes of this rule, any subpart propounded under an interrogatory shall be considered a separate interrogatory.

(1) If the party served is a public or private corporation or a partnership or association, the organization shall choose one or more of its proper employees, officers, or agents to answer the interrogatories, and the employee, officer, or agent shall furnish information as is known or available to the organization.

(2) Interrogatories, without leave of court, may be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon the party.

(3) Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The party upon whom the interrogatories have been served shall quote each interrogatory immediately preceding the corresponding answer or objection. When the number of interrogatories exceeds forty without leave of court, the party upon whom the interrogatories have been served need only answer or object to the first forty interrogatories. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers and objections within a period designated by the party submitting the interrogatories, not less than twenty-eight days after the service of a printed copy of the interrogatories or within such shorter or longer time as the court may allow.

( B ) Scope and use at trial. Interrogatories may relate to any matters that can be inquired into under Civ. R. 26( B ), and the answers may be used to the extent permitted by the rules of evidence.

The party calling for such examination shall not thereby be concluded but may rebut it by evidence.

[kax]

What if you sent the discovery request and forgot to add a message about an electronic copy.  Should I just send a copy to their email or send them another letter explaining that they may have an electronic copy of my interrogatories?

[racecar]

Just send them a copy of the cd-cmrr

[perchdinner]

Thanks for letting me know about the cd. I have to send one to them today