QUESTION
Can I refuse to answer and send my defendants a letter stating that I object to the discovery request due to inappropriate timing?
Asked on Aug 09th, 2013 on Personal Injury - California
More details to this question:
I am a plaintiff in a civil rights action filed in LA California United States District Court, proceeding pro se. My defendants just gave an answer to my complaint. They also sent me interrogatories and admissions for me to answer. Do I have to answer them? Is this the right timing to request discovery or not? It appears to me that my defendants are jumping the gun when they are requesting discovery from me in their first filing, their answer. Rules 33 & 36 of the Federal Rules of Civil Procedure doesn't address the timing of discovery requests. Is there another rule or guideline we are supposed to follow to know when is the proper time to request discovery?
3 ANSWERS
Health Law/Long Term Care Facilities for the Elderly Attorney serving Los Angeles, CA
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Murchison & Cumming, LLP
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You need to contact a civrts atty. Deft can send you intgs and Request for adm. You have to answer or risk "deemed admissions". Time is not a valid basis to refuse. The intgs and Request for adms are filled with land mines which could blow your case if you give wrong answers. That's why you need a civrts atty to show you the road map for correct responses. Good luck.
Answered on Aug 13th, 2013 at 11:55 PM
Personal Injury Attorney serving Mission Viejo, CA
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Law Firm of Rivers J. Morrell III
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You need to do as your attorney advises. If you don't trust your attorney's advice, then you should get a new attorney.
Answered on Aug 13th, 2013 at 9:07 AM
I do not know the Federal rules but if there is nothing as to timing or it is the same as state law, they can send discovery requests with the responsive pleading. Logically they should be able to. As a practical matters, even if they were not allowed to then would, then they would just resend it at an appropriate time. So there is zero advantage in objecting. Federal court is a difficult place to be in. State court is easier. You can bring a Federal Civil rights action [Section 1984] in state court.
Answered on Aug 12th, 2013 at 5:38 PM