Nona 0 Posted October 9, 2020 Report Share Posted October 9, 2020 So I was served back in July. I filed my general denial and a court date is set for December. However, today I received a packet of interrogation letter of questions that I need to answer. What should I do? Answer and mail it back or start my MTC? Quote Link to post Share on other sites
nobk4me 395 Posted October 10, 2020 Report Share Posted October 10, 2020 If you want to use arb, file the MTC asap and do not answer their discovery. Answering it could waive your arb rights. But, you can't just ignore it either. You need to object to all of their discovery, on the grounds that arb has been elected, there is a jurisdictional motion pending before the court, and the scope of discovery will be determined by the arb forum. Quote Link to post Share on other sites
Nona 0 Posted October 12, 2020 Author Report Share Posted October 12, 2020 On 10/10/2020 at 2:44 PM, nobk4me said: If you want to use arb, file the MTC asap and do not answer their discovery. Answering it could waive your arb rights. But, you can't just ignore it either. You need to object to all of their discovery, on the grounds that arb has been elected, there is a jurisdictional motion pending before the court, and the scope of discovery will be determined by the arb forum. Thank you. Okay, so I’ll file the MTC tomorrow. As for the discovery, how do I answer that? Should I answer question for question or just write a short paragraph stating that “arb has been elected and jurisdictional motion is pending before the court”? And then send it off to the lawyer? Quote Link to post Share on other sites
nobk4me 395 Posted October 12, 2020 Report Share Posted October 12, 2020 Answer each question with the same objection that arb has been electee, etc. And yes, send it to the lawyer. Quote Link to post Share on other sites
Nona 0 Posted October 13, 2020 Author Report Share Posted October 13, 2020 3 hours ago, nobk4me said: Answer each question with the same objection that arb has been electee, etc. And yes, send it to the lawyer. Okay, thank you! Quote Link to post Share on other sites
Superdad3d 0 Posted October 14, 2020 Report Share Posted October 14, 2020 I found this form that might be useful. Update all the info specific to your case if you use it. answers-to-interrogatories-jc-fillable.doc Quote Link to post Share on other sites