Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: appeal2
I was involved in a case (medical malpractice case) where we asked for documents and answers to written interrogatories. Plaintiff did not respond within the 30 day statutory requirement. After 45 days we petitioned for summary judgement to dismiss the case. We were denied, and the Judge, gave plaintiff another 60 days to comply with our request. I have found that disctrict court judges are the law inside their courtrooms.

Have you run into this problem?

49 posted on 10/20/2008 10:22:22 PM PDT by Texas Songwriter
[ Post Reply | Private Reply | To 24 | View Replies ]


To: Texas Songwriter
In many many cases this happens, to the point that there is not a lot of fear among lawyers that sanctions will be imposed immediately, and normally there is great deal of delay allowed in most cases. In fact, most of them are not on time, unless there are threats to take the matter to the Judge made in advance of the deadline.

The difference between interrogatories seeking information, and requests for production of documents is that they do not have a similar impact, and the rule allowing the requests for admissions to be deemed admitted is different than those other two categories of discovery.

In the first two, the court will order the answers on pain of contempt of court, or other penalties which are also available.

55 posted on 10/20/2008 10:27:37 PM PDT by LachlanMinnesota (Si vis pacem, para bellum)
[ Post Reply | Private Reply | To 49 | View Replies ]

To: Texas Songwriter

Interrogatories are different than requests to admit, but yes, Federal Judges do whatever they please.


134 posted on 10/21/2008 6:40:58 AM PDT by appeal2 (Brilliance is typically the act of an individual, but great stupidity is reserved for the Gov't)
[ Post Reply | Private Reply | To 49 | View Replies ]

To: Texas Songwriter

Interrogatories are different than requests to admit, but yes, Federal Judges do whatever they please.


135 posted on 10/21/2008 6:41:02 AM PDT by appeal2 (Brilliance is typically the act of an individual, but great stupidity is reserved for the Gov't)
[ Post Reply | Private Reply | To 49 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson