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Missed Answering the Request for Interrogatories and Requests for Production of Documents Deadline


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HELP! This lawsuit was filed on me 2 years ago. I filed interrogatories and requests for production of documents on the JDB a year and half ago. Which they answered timely.

 

However, they sent me the first request for interrogatories and requests for production of documents in April of this year. I totally missed it. I have not answered them yet. Is it too late? Am I screwed?

 

We have pre-trial set for November 14, 2013.

 

Can I still file something with the court begging for forgiveness and go ahead and answer the Interrogatories?

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When they sent you the first request for interrogatories and requests for production of documents were they sent certified mail?

If no say you never received any discovery requests from the plaintiff.

You can not answer what you did not receive and without any proof of mailing by the plaintiff you should be fine.

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Thank you Racecar!

 

I honestly don't remember if they sent it certified mail. I don't think they did. In the affidavit of mailing, it states "I, the undersigned attorney and counsel of record for XXXX, herby certify that the following documentation was sent to the below named individual, Defendant in the above styled matter, by placing a copy of the same in the United States Mail, postage paid, this 18th Day of April, 2013."

 

To me, if they had sent it certified mail, he would have stated that in his affidavit, wouldn't you think?

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So, another question. I looked again at the requests and they were for interrogs and production of documents, but not admissions. It would seem I would have more leeway. I know I should have answered them, but I just compeltely forgot. 

 

I know that if you don't answer the admissions, that they are deemed admitted, correct? Is it the same with the interrogs and request for production of documents? Are they deemed admitted?  

 

I failed to answer the interrogs and production requests and they did not request them again from me either. So should I go ahead and send them a letter stating I didn't receive them, or wait until pre-trial in about 3 weeks and tell the judge that I didn't get all the discovery requests from them. They failed to produce several other documents as well. They stated in the affidavit they they provided me with Bills of Sale and Assignments which were not produced with this documentation either.

 

Suggestions?

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If you don't deny all the allegations in plaintiffs complaint you lose.

yes if you don't answer the admissions, they are deemed admitted and you lose.

yes if you don't answer the interrogatories, they are deemed admitted and you lose.

yes if you don't answer the production of documents, you lose.

wait until pre-trial and if the plaintiffs says you did not answer their discovery you say I never received any discovery from them.

Ask for proof of mailing.

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I don't believe that interrogatories can be deemed admitted if unanswered because one is not asked to admit anything in interrogatories.   Usually, if a party's discovery requests go unanswered, either a meet and confer letter is sent or a motion to compel responses is filed.

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I don't believe that interrogatories can be deemed admitted if unanswered because one is not asked to admit anything in interrogatories.   Usually, if a party's discovery requests go unanswered, either a meet and confer letter is sent or a motion to compel responses is filed.

 

That sounds correct based on what I've read. Of course every state is a little different.

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I would guess the plaintiff will file summary judgment soon.

But however you want to phrase it the facts will be taken as "established" when they enter the response to their  discovery as evidence in their summary judgment motion.

 

http://webcache.googleusercontent.com/search?q=cache:pqdHop4mzeIJ:www.oklegislature.gov/osstatuestitle.html+&cd=1&hl=en&ct=clnk&gl=us rules of procedure

 

http://webcache.googleusercontent.com/search?q=cache:cWRhe6e0tNoJ:www.presslerclub.com/BanksDiscoveryRequests.pdf+&cd=3&hl=en&ct=clnk&gl=us  OK Citibank case

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