How do I answer interrogatories to a complaint?
Full Question:
I now have 3 different interrogatories to answer by end of March. Must I answer all questions as for some I do not have the information. I am working with a Credit consolidation company but they will not advise me. Is it necessary for me to obtain a lawyer?
03/14/2009 |
Category: Discovery |
State: New Jersey |
#15625
Answer:
A motion for extension of time may be granted in the court's discretion to allow a party more time to act in a litigation matter. The court will often grant the motion when the moving party can show a justifiable reason for the delay and is not seeking a delay merely for the purpose of delay or for an improper or harassing motive. Requiring additional time to obtain evidence, witnesses, or assistance of counsel is generally considered a proper motive. The court is more likely to grant an extension when there hasn't been a previous request(s) for additional time. Sometimes a continuance may be stipulated to by the opposing party's attorney and the court may be more likely to grant the extension when it has been stipulated to by the opposing party or their attorney.
4:17-5. Objections to Interrogatories
(a) Objections to Questions; Motions.
A party upon whom interrogatories are served who objects to
any questions propounded therein may either answer the
question by stating "The question is improper" or may,
within 20 days after being served with the interrogatories,
serve a notice of motion, to be brought on for hearing at
the earliest possible time, to strike any question, setting
out the grounds of objection. The answering party shall make
timely answer, however, to all questions to which no
objection is made. Interrogatories not stricken shall be
answered within such unexpired period of the 60 days
prescribed by R. 4:17-4(b) as remained when the notice of
motion was served or within such time as the court directs.
The propounder of a question answered by a statement that it
is improper may, within 20 days after being served with the
answers, serve a notice of motion to compel an answer to the
question, and, if granted, the question shall be answered
within such time as the court directs.
(b) Objections to Request for Copies of Papers.
A party served with interrogatories requesting copies of
papers who objects to the furnishing thereof shall, in lieu
of complying with the request, either state with specificity
the reasons for noncompliance or invite the propounder to
inspect and copy the papers at a designated time and place.
The propounder of a request for a copy of a paper which is
not complied with, may, within 20 days after being served
with the answers, serve a notice of motion directing
compliance with the request or for other appropriate relief.
(c) Interrogatory Motions; Form.
Motions to strike interrogatories or to compel more specific
answers thereto shall include a short statement of the
nature of the action and shall have annexed thereto the text
of the questions and answers, if any, objected to.
(d) Costs and Fees on Motion.
If the court finds that a motion made pursuant to this
rule was made frivolously or for the purpose of delay or was
necessitated by action of the adverse party that was
frivolous or taken for the purpose of delay, the court may
order the offending party to pay the amount of reasonable
expenses, including attorney's fees, incurred by the other
party in making or resisting the motion.
4:17-4. Form, Service and Time of Answers
(a) Form of Answers; By Whom Answered.
Except as otherwise provided in this rule, interrogatories
shall be answered in writing under oath by the party upon
whom served, if an individual, or, if a public or private
corporation, a partnership or association, or governmental
agency, by an officer or agent who shall furnish all
information available to the party. If a party is
unavailable, the interrogatories may be answered by an agent
or authorized representative, including a liability carrier
who is conducting the defense, whose answers shall bind the
party. The party shall furnish all information available to
the party and the party's agents, employees, and attorneys.
The person answering the interrogatories shall designate
which of such information is not within the answerer's
personal knowledge and as to that information shall state
the name and address of every person from whom it was
received, or, if the source of the information is
documentary, a full description including the location
thereof. Each question shall be answered separately, fully
and responsively either in the space following the question
or on separate pages. Except as otherwise provided by
paragraph (d) of this rule, if in any interrogatory a copy
of a paper is requested, the copy shall be annexed to the
answer. If the interrogatory requests the name of an expert
or treating physician of the answering party or a copy of
the expert's or treating physician's report, the party shall
comply with the requirements of paragraph (e) of this rule.
(b) Service of Answers; Time; Enlargement of Time.
Except as otherwise provided by R. 4:17-1(b)(2), the party
served with interrogatories shall serve answers thereto upon
the party propounding them within 60 days after being served
with the interrogatories. For good cause shown the court may
enlarge or shorten such time upon motion on notice made
within the 60-day period. Consent orders enlarging the time
are prohibited.
(c) Copies; Service by Propounding Party.
The original of the answers shall be served upon the
propounding party, who shall then serve a copy of the
interrogatories and answers upon each of the other parties.
Parties against whom default has been entered need not,
however, be served, and parties represented by the same
attorney need be served with one copy.
(d) Option to Produce Business Records.
When the answer to an interrogatory may be derived or
ascertained from or requires annexation of copies of the
business records of the party on whom the interrogatory has
been served or from an examination, audit or inspection of
such business records, or from a compilation abstract or
summary based thereon, or from electronically stored
information, and the burden of deriving or ascertaining the
answer is substantially the same for the party serving the
interrogatory as for the party served, it is a sufficient
answer to such interrogatory to specify the records from
which the answer may be derived or ascertained and to afford
to the party serving the interrogatory reasonable
opportunity to examine, audit or inspect such records and to
make copies, compilations, abstracts or summaries. A
specification shall be in sufficient detail to permit the
interrogating party to locate and to identify, as readily as
can the party served, the records from which the answer may
be ascertained.
(e) Expert's or Treating Physician's Names and
Reports.
If an interrogatory requires a copy of the report of an
expert witness or treating or examining physician as set
forth in R. 4:10-2(d)(1), the answering party shall annex to
the interrogatory an exact copy of the entire report or
reports rendered by the expert or physician. The report
shall contain a complete statement of that person's opinions
and the basis therefor; the facts and data considered in
forming the opinions; the qualifications of the witness,
including a list of all publications authored by the witness
within the preceding ten years; and whether compensation has
been or is to be paid for the report and testimony and, if
so, the terms of the compensation. If the answer to an
interrogatory requesting the name and report of the party's
expert or treating physician indicates that the same will be
supplied thereafter, the propounder may, on notice, move for
an order of the court fixing a day certain for the
furnishing of that information by the answering party. Such
order may further provide that an expert or treating
physician whose name or report is not so furnished shall not
be permitted to testify at trial. Except as herein provided,
the communications between counsel and expert deemed trial
preparation materials pursuant to R. 4:10-2(d)(1) may not be
inquired into.
4:23-5. Failure to Make Discovery
(a) Dismissal.
(1) Without Prejudice. If a demand for discovery
pursuant to R. 4:17, R. 4:18-1, or R. 4:19 is not complied
with and no timely motion for an extension or a protective
order has been made, the party entitled to discovery may,
except as otherwise provided by paragraph (c) of this rule,
move, on notice, for an order dismissing or suppressing the
pleading of the delinquent party. The motion shall be
supported by an affidavit reciting the facts of the
delinquent party's default and stating that the moving party
is not in default in any discovery obligations owed to the
delinquent party. Unless good cause for other relief is
shown, the court shall enter an order of dismissal or
suppression without prejudice. Upon being served with the
order of dismissal or suppression without prejudice, counsel
for the delinquent party shall forthwith serve a copy of the
order on the client by regular and certified mail, return
receipt requested, accompanied by a notice in the form
prescribed by Appendix II-A of these rules, specifically
explaining the consequences of failure to comply with the
discovery obligation and to file and serve a timely motion
to restore. If the delinquent party is appearing pro se,
service of the order and notice hereby required shall be
made by counsel for the moving party. The delinquent party
may move on notice for vacation of the dismissal or
suppression order at any time before the entry of an order
of dismissal or suppression with prejudice. The motion shall
be supported by affidavit reciting that the discovery
asserted to have been withheld has been fully and
responsively provided and shall be accompanied by payment of
a $100 restoration fee to the Clerk of the Superior Court,
made payable to the "Treasurer, State of New Jersey," if the
motion to vacate is made within 30 days after entry of the
order of dismissal or suppression, or a $300 restoration fee
if the motion is made thereafter. If, however, the motion is
not made within 90 days after entry of the order of
dismissal or suppression, the court may also order the
delinquent party to pay sanctions or counsel fees and costs,
or both, as a condition of restoration.
(2) With Prejudice. If an order of dismissal or
suppression without prejudice has been entered pursuant to
paragraph (a)(1) of this rule and not thereafter vacated,
the party entitled to the discovery may, after the
expiration of 60 days from the date of the order, move on
notice for an order of dismissal or suppression with
prejudice. The attorney for the delinquent party shall, not
later than 7 days prior to the return date of the motion,
file and serve an affidavit reciting that the client was
previously served as required by subparagraph (a)(1) and has
been served with an additional notification, in the form
prescribed by Appendix II-B, of the pendency of the motion
to dismiss or suppress with prejudice. In lieu thereof, the
attorney for the delinquent party may certify that despite
diligent inquiry, which shall be detailed in the affidavit,
the client's whereabouts have not been able to be determined
and such service on the client was therefore not made. If
the delinquent party is appearing pro se, the moving party
shall attach to the motion a similar affidavit of service of
the order and notices or, in lieu thereof, a certification
as to why service was not made. Appearance on the return
date of the motion shall be mandatory for the attorney for
the delinquent party or the delinquent pro se party. The
moving party need not appear but may be required to do so by
the court. The motion to dismiss or suppress with prejudice
shall be granted unless a motion to vacate the previously
entered order of dismissal or suppression without prejudice
has been filed by the delinquent party and either the
demanded and fully responsive discovery has been provided or
exceptional circumstances are demonstrated.
(3) General Requirements. All motions made pursuant to
this rule shall be accompanied by an appropriate form of
order. All affidavits in support of relief under
paragraph (a)(1) shall include a representation of prior
consultation with or notice to opposing counsel or pro se
party as required by R. 1:6-2(c). If the attorney for the
delinquent party fails to timely serve the client with the
original order of dismissal or suppression without
prejudice, fails to file and serve the affidavit and the
notifications required by this rule, or fails to appear on
the return date of the motion to dismiss or suppress with
prejudice, the court shall, unless exceptional circumstances
are demonstrated, proceed by order to show cause or take
such other appropriate action as may be necessary to obtain
compliance with the requirements of this rule. If the court
is required to take action to ensure compliance or the
motion for dismissal or suppression with prejudice is denied
because of extraordinary circumstances, the court may order
sanctions or counsel fees and costs, or both. An order of
dismissal or suppression shall be entered only in favor of
the moving party.
(b) Failure to Furnish Expert's Report.
The court at trial may exclude the testimony of a treating
physician or of any other expert whose report is not
furnished pursuant to R. 4:17-4(a) to the party demanding
the same.
(c) Motion to Compel.
Prior to moving to dismiss pursuant to subparagraph (a)(1)
of this rule, a party may move for an order compelling
discovery demanded pursuant to R. 4:18-1 or R. 4:19. An
order granting a motion to compel shall specify the date by
which compliance is required. If the delinquent party fails
to comply by said date, the aggrieved party may apply for
dismissal or suppression pursuant to subparagraph (a)(1) of
this rule by promptly filing a motion to which the order to
compel shall be annexed, supported by a certification
asserting the delinquent party's failure to comply
therewith.
