What is the next step in a lawsuit if the plaintiff failed to answer admissions and interrogatories?
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What is the next step in a lawsuit if the plaintiff failed to answer admissions and interrogatories?
I went to court last week for a conference to see where both sided were. The credit card company (plaintiff) did not produce admissions or discovery. Now, I think the judge wants me (defendant) to produce a summary judgement because the plaintiff failed to answer admissions in the 30 day allotted time. What is my next step?
Asked on August 29, 2011 Massachusetts
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In the legal process after a lawsuit is filed against a person, written disocvery is typically served upon each side consisting of written interrogatories, document production requests and requests for admissions. If a party does not respond within the time required to this discovey, the side serving it should file a motion to compel and to deem requests for admissions admitted. If the requests are deemed admitted, the admissions could potentially end the case.
From what you have written, it seems that you need to file a motion against the credit card company to answer the interrogatories served and to deem the admissions admitted. Your county might have a legal aid program to assist you in this project.
Good luck.
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