Need guidance on Discovery

[Kristi Tolen]

Jurisdiction

North Carolina

So opposing party turned in incomplete interrogatories and documents. Incomplete meaning that the responses were either a)completely irrelevant to the question asked, b) text messages where you couldn't read some of them or weren't of entire conversation and c) general objections were given at the beginning for all. Production of documents were arranged in a clump and then responses to questions about them were "see exhibit 4c,5, 3a, etc" making it very confusing to go back and piece it together. There has already been a motion to compel and a motion for sanctions on these same discovery requests , with them being given more time each occurnce. Then, when they finally turned them over, they were as described above. I don't know what to do at this point. Why bother with yet another motion to compel when they've already had that order given to them? How do I proceed?

 

[adjusterjack]

Answer each of the following questions.

What is the case about?
Who is suing who?
Who did what to who?
Do you have a lawyer?
Does the other party have a lawyer?
What are you trying to learn through the discovery process?
Have you submitted your documents and interrogatories?

 

[zddoodah]

So opposing party turned in incomplete interrogatories and documents. Incomplete meaning that the responses were either a)completely irrelevant to the question asked, b) text messages where you couldn't read some of them or weren't of entire conversation and c) general objections were given at the beginning for all.

I think you meant that the opposing party served responses that you don't like for the reasons stated. I also think (a) means that, in your opinion, the answers to the interrogatories weren't responsive. As for (c), in more than 30 years in the legal field, I've never seen a set of interrogatory responses that didn't have general objections.

There has already been a motion to compel and a motion for sanctions on these same discovery requests , with them being given more time each occurnce. Then, when they finally turned them over, they were as described above.

So...you made a motion to compel, and the court granted it? And the further responses still aren't good?

I don't know what to do at this point.

Let me guess: the other party has a lawyer and you don't. Right?

Why bother with yet another motion to compel when they've already had that order given to them? How do I proceed?

You have two choices: accept what you've received and deal with it or file another motion to compel. Why bother? I don't know. You'd have to tell us. I've had situations where I've had to make multiple motions to compel. The judge was NOT happy with the responding party's attorney. In one case, it led to terminating sanctions (i.e., the dismissal of the opposing party's lawsuit against my client).