What happens if I don't respond to discovery?
Asked by: Hettie Stiedemann | Last update: December 6, 2025Score: 4.6/5 (47 votes)
If you have received discovery requests (which would probably come in the mail), you have thirty days to mail your written responses back to the other side. Missing that thirty-day deadline can be serious. It could even result in you losing the case.
What happens if someone doesn't respond to discovery?
Generally speaking, when a party does not respond to discovery, one may file a motion to compel. It may also be important to check with the party to see why no response was provided. Typically the court will decide all discovery disputes.
Can I refuse to answer discovery questions?
The answer to your question is yes. You can refuse to answer the question, but please keep in mind that if you don't answer the question, then the other party can request a subpoena to have a judge force you to answer.
What consequences can result from a refusal to cooperate with an order compelling discovery?
(b) Failure to Comply with a Court Order. (1) Sanctions Sought in the District Where the Deposition Is Taken. If the court where the discovery is taken orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of court.
What happens if you don't provide discovery?
The other party might not respond, or s/he could file a “motion to compel discovery.” A motion to compel discovery is a written request to the judge in which the party seeking discovery asks the judge to issue an order requiring that the other party turns over the requested documents by a certain date or face certain ...
What Can I Do If the Opposing Side Won't Respond to Discovery Requests?
Can a case be dismissed during discovery?
The judge doesn't see the evidence provided in discovery unless there is a specific motion related to an issue on discovery, or whatever evidence is presented at trial. And a case can get dismissed at anytime.
What are two disadvantages of discovery?
However, it also has disadvantages such as taking more time than direct teaching, requiring greater resources, and relying on students having sufficient prior skills and knowledge to learn effectively through discovery.
What happens if defendant lies in discovery?
When the truth is discovered, the judge may impose a fine, assign additional litigation costs, or dismiss the case entirely if it was brought by the party who provided false information.
What happens if a motion to compel discovery is ignored?
If a party or party's officer, director, or managing agent fails to obey a discovery order, the court may issue further orders. A court must also order a disobedient party, the advising attorney, or both to pay expenses resulting from the failure to reply.
What happens if discovery responses are late?
What happens if I am late serving my responses? Missing the deadline to serve your responses has a couple of effects: You waive (give up) any objections to the discovery requests. This means that any answers served must contain no objections to the questions.
How to avoid answering interrogatories?
However, you can object to interrogatories that call for legal conclusions. You can also object to questions if they are not at all related to the court case. To object, you need to write out the reasons for the objection instead of answering the question.
How do I dispute discovery?
Formal discovery dispute procedures will require a motion, at minimum, to request that the court act to resolve the dispute. A motion to compel asks the court to order a party to take some action in a discovery dispute, when the requesting party claims that the discovery responses are deficient.
What happens if a witness refuses to answer questions?
Consequences of Unjustified Refusal
These actions can range from compelling the witness to answer the question, holding the witness in contempt of court, or even imposing fines or jail time.
Do most cases settle after discovery?
However, most personal injury cases settle before trial. Instead, they may offer the settlement well after the trial starts. This typically happens after discovery, but it may even happen after the jury reaches a verdict.
Do I have to answer discovery questions?
The Discovery Process
Generally, opposing counsel will send discovery requests to your attorney, who will then forward the requests to you. You must answer each request and give the compiled information back to your attorney.
What happens if the plaintiff does not respond to the defendant's answer?
There is a deadline to file your Answer form
Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
Why would a judge deny a motion to compel?
Your attorney must either accept this decision or appeal it and continue pursuing the material through other legal channels. A judge might deny a motion to compel for several reasons, including: The requested information was not essential to the case. The opposing party already produced the requested material.
What happens if someone doesn't answer interrogatories?
If the opposing side does not respond to your form interrogatories, special interrogatories, or request for production, you may file a motion seeking an order compelling the opposing party to respond.
What is a good faith letter for discovery?
This letter is often called a good faith letter. And it is needed under many courts' rules before you can file a motion to compel discovery if the other party ignores your requests or provides evasive responses or move for sanctions if your opponent refuses to comply with the court's discovery order.
What can a party do when the other side fails to respond to discovery requests?
Ask for a court order
If the other person does not respond, or their response is still incomplete, you can ask the court to order them to respond. You have 45 days from the service of the most recent responses to ask the court to make an order requiring an answer.
Can you settle in a discovery?
Once the discovery phase is complete, the parties better understand the strengths and weaknesses of their respective cases. With this information, they can engage in settlement negotiations to resolve the dispute without going to trial.
What are the sanctions for lying in discovery?
(a) The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct.
What two things are generally protected from discovery?
Certain types of information are generally protected from discovery; these include information which is privileged and the work product of the opposing party.
Why is discovery so important?
The purpose of discovery is to ensure both parties have access to all facts surrounding their dispute so they can make informed decisions during trial proceedings. Discovery helps lawyers gather evidence that supports their client's case, allowing them to better prepare for trial and settle out of court if necessary.
What are the three types of discovery?
Disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production, and depositions.