LEGAL QUESTION: Does a motion to dismiss postpone the deadline for interrogatories?
Asked by
jfos (
7392
)
January 8th, 2014
I would like to explain this with as few personal details as possible. I don’t think they are relevant to the question anyway. Without further delay…
I am currently the defendant in a civil suit. A few months ago, I received a complaint from the plaintiff and I have already answered it. About a week later, I was sent an Interrogatory from the plaintiff’s attorney. I was given x amount of days to respond. That time is almost gone, and I have found (what I think to be) a good reason for the case to be dismissed without a trial.
I am now filing a motion for a summary judgment, in hopes that the case will be dismissed. Does this automatically postpone the deadline for the interrogatories? I know that failure to respond to the the interrogatories can and likely will result in a default judgment against me. But if the case gets dismissed, the interrogatories will be irrelevant.
My concern is that if my motion is denied, will I then be considered delinquent for not submitting answers to the interrogatories? Any responses would be greatly appreciated.
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6 Answers
My answer is that this is serious. Nobody here is a real lawyer and they will try to Google a answer and the bullshit answer might cost you. Pay for real legal advice.
@johnpowell Not what I was looking for, but thank you anyway.
You definitely need an attorney’s help with this. The answer may vary depending on where the action was filed, and the laws pertaining there. If finances dictate that you handle the matter pro se then find out what legal aid is available to assist those unable to afford representation of their own. Best of luck in winning a dismissal.
It may vary by jurisdiction and only an attorney qualified to practice there should offer an answer and only if they really know.
The correct answer will vary depending on the state in which you live, assuming you are in the US. I know that in MY state, only motions to dismiss or motions to relieve counsel can stay the time limits during the appellate process. Rules for criminal or civil proceedings in the lower courts may also be different. Best to consult with an attorney if you are unsure.
So, you’re representing yourself in this case? Quite a risky move there. If you have a lawyer, this is obviously a question for him/her. If you don’t, you need to call one. As the others said, it varies by state. I work for a law firm and here you can answer the interrogatories with a request for an extension in order to file a Motion to Dismiss. Just because you filed doesn’t mean that it will be granted, but doing it this way will delay the deadline for interrogatories. If the judge decides to deny the motion, you’ll have x amount of days for the interrogatories. But this may not be the case where you live. You need to find out from a lawyer.
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