What happens if the defendant does not respond to interrogatories?
Asked by: Prof. Bradly Kassulke | Last update: September 6, 2025Score: 4.2/5 (57 votes)
A failure to fully answer interrogatories shall be directed to the Court's attention by filing a Motion for Enforcement of Discovery pursuant to Supreme Court Rule 61.01. Compliance with the Golden Rule, as set forth in Circuit Court Rule 33.5, must accompany such motion.
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.
Does a defendant have to answer interrogatories?
Rule 33 (b), Federal Rules of Civil Procedure , requires the respondent to answer an interrogatory separately and fully in writing and under oath, unless the respondent objects, in which event the party objecting shall state with specificity the reasons for objection and shall answer to the extent the interrogatory is ...
What happens if you lie on interrogatories?
The Dangers of Lying on Interrogatories
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 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.
What Do I Have to Answer Interrogatory 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.
What is the danger to the defendant of failing to answer a complaint?
Entry of default means that because the defendant has failed to appear, the defendant will not be permitted to contest whether he or she is liable to the plaintiff.
Can interrogatories be used as evidence?
Interrogatories and depositions allow attorneys to gather information and question potential witnesses. They both result in documents that can be introduced as evidence and to impeach witnesses during trial.
What happens after interrogatories are answered?
What Happens Once You Receive an Interrogatory? All of the questions must be responded to in writing and it must be done under oath. Often, once you answer the questions, the other side will use the answers to gather more information.
Can you object to interrogatories?
You have 30 days after the form or special interrogatories were served to you (35 days if served by mail from within California) to serve your responses to the interrogatories. Sometimes, rather than answering the interrogatory, you may wish to object to the request on legal grounds.
What is the best way to answer interrogatories?
Read each question (interrogatory) very carefully. Answer only the question that is asked, and avoid the temptation to over-explain your answer. If the question contains several parts, you may break your answer into parts as well. It is also possible that you might object to the question.
What is the consequence of not responding to a summons?
One of the most immediate consequences of not responding to a court summons is the risk of a default judgment. When you fail to appear in court, the case may proceed without you, leading to a judgment that could result in financial liability or other penalties.
Who signs the answers to the interrogatories?
(2) The answers are to be signed by the person making them, and the objections signed by the attorney making them. (3) The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories.
Are interrogatories mandatory?
Unless he applies for a protective order, he is required to serve answers or objections in response to the interrogatories, subject to the sanctions provided in Rule 37(d). Answers and objections are served together, so that a response to each interrogatory is encouraged, and any failure to respond is easily noted.
What is an insufficient answer to interrogatories?
(a) Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits. (b) If an interrogatory cannot be answered completely, it shall be answered to the extent possible.
How important are interrogatories?
Interrogatories are often preferable to depositions for identi- fying such things as witnesses, documents, the dates and sub- stance of transactions and conversations,3 since a deponent may easily forget or overlook relevant information when an- swering such questions.
What happens if you ignore interrogatories?
If you still fail to answer the interrogatories, the judge can strike your pleadings or charge you with a fine.
What is the deadline for responding to interrogatories?
You have 30 days to respond to Form Interrogatories. If you were served by mail, you typically have 35 days from the date of mailing to respond. In eviction (unlawful detainer) cases the time is much shorter.
Does a plaintiff have to answer interrogatories?
You must answer the questions or file objections to certain questions or the entire set of interrogatories. For example, you might not want to answer a question because it contains incorrect information like asking you to state who treated your broken leg, but you did not break your leg.
How long does it take to respond to interrogatories?
(2) Time to Respond. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.
What can you not ask in interrogatories?
Interrogatories are lists of questions sent to the other party that s/he must respond to in writing. You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion.
What are the two types of interrogatories?
Interrogatories allow the parties to ask who, what, when, where and why questions, making them a good method for obtaining new information in a case. There are two types of interrogatories: form interrogatories and special interrogatories.
What if a judge ignores the law?
If you feel the judge committed misconduct, what you can do would be to report him to your state's judiciary committee. If what he did is serious enough, he could be unseated, even potentially disbarred.
What happens if you get summoned to court and don't go?
Contempt of Court
If you don't show up to court after being properly subpoenaed, the judge may view this as a direct challenge to the court's authority. As a result, you may face legal penalties, such as fines or even jail time.
Does the plaintiff have to respond to an answer?
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.