Discovery Is One Of The Most Important And Time-Consuming Parts Of The Litigation Process. The Answers You Give In Response To These Questions May Make Or Break Your Case.
Discovery is one of the most important parts of the litigation process. You must answer each question truthfully and to the best of your knowledge within the stated time. The purpose of this is to learn more about you and your background, get your side of the story, and test your credibility.
However, sometimes, the opposing party may want to know more information than you are willing to give them.
What Do You Do If You Don't Want To Respond?
The law states that you can object to discovery that is:
- not within the scope of discovery,
- not a permissible form of discovery,
- the information is not reasonably available,
- the request lacks specificity,
- improper request for discovery,
- duplicitous/repetitious,
- request is unduly burdensome, harassing and/or overly broad.
Unfortunately, if this is not the case, you must answer the party's request.
What Happens If I Don't Respond?
There are consequences to not responding to discovery requests. If you do not respond, the opposing party can file a Motion to Compel, requesting the Judge to order you to respond a certain date.
If you do not respond by this date, the court can order that your attorney's feed be paid by the other party. The court can also rule to not allow the other side to present any evidence that would have been produced under the discovery requests. Lastly, the court is allowed to presumptions that because you did not respond to the questions, the requested items would be contrary to your position and ruled in the other party's favor.
Therefore, it is important to ALWAYS respond, if the question is within scope.
Quick Tips on How to Respond to Discovery
- Answer truthfully. Remember, you are answering under oath. If you lie, many companies have access to a lot of information and will find out.
- Read each question carefully and answer them completely.
- Don't be afraid to say that you don't know.
- If you are making a guess or estimate, tell them.
Hiring an Attorney
The San Diego personal injury attorneys at the Jurewitz Law Group will represent you to the best of our ability. We will protect you from being bombarded with unnecessary questions and prepare you to respond to the opposing party.
If you don't understand a question, we are here to help. The answers that you give us are "raw" answers and are kept confidential between you and our office. Before we send them to the opposing party, we carefully review and edit them, so that you get the benefits you are entitled to. Call our personal injury law office at 888-233-5020 for a free consultation.
Have you been injured in an accident in San Diego or anywhere in California and don't know what to do next? We are here to help and provide you with the important and relevant information you need to make an informed decision about:
- How to handle your personal injury claim
- Who is the right injury accident attorney to help you with your case, and
- Whether you even need to hire a lawyer to help you with your insurance claim
Call the Jurewitz Law Group at 888-233-5020 to order one of our free California personal injury books to get the information you need or to set up a free consultation with one of our experienced San Diego personal injury attorneys.
