What remedies can a pro se litigant seek for receiving incomplete answers to interrogatories?

[Darkolight]

Jurisdiction

Colorado

Currently for District Court. I received my responses to my interrogatories but they were vastly incomplete and in some areas inchoherent.

Are there any remedies I can seek in the next status conference to get the opposing party to take this seriously?

 

[army judge]

Currently for District Court. I received my responses to my interrogatories but they were vastly incomplete and in some areas inchoherent.

Are there any remedies I can seek in the next status conference to get the opposing party to take this seriously?

If I were you, I'd address it at trial.

You could waste time chasing the tiger's tail now, or deal with the tiger in court.

I prefer to build MY case pre-trial, rather than rely on errors/omissions in the other party's case pre-trial.

 

[Darkolight]

That's a good response. Never thought of it like that. Wouldn't it be a good idea to establish some kind of track record regarding the lack of cooperation during discovery?

 

[army judge]

Wouldn't it be a good idea to establish some kind of track record regarding the lack of cooperation during discovery?

Some people think so, I prefer to build the strongest case possible not relying on my enemy to assist me.

 

[Darkolight]

Ok. But if you can't get cooperation in discovery, how can you expect to build any case? You're not getting any important data, just bad responses.

 

[army judge]

Ok. But if you can't get cooperation in discovery, how can you expect to build any case? You're not getting any important data, just bad responses.

Maybe your case isn't as strong as you believe?

 

[adjusterjack]

Ok. But if you can't get cooperation in discovery, how can you expect to build any case? You're not getting any important data, just bad responses.

Agree with Army Judge. If you can't prove your case with what you've got maybe you don't have one.

And if you're already bogged down from a hitch in the discovery process, maybe you need a lawyer before you get in any deeper into something you can't handle.

That being said, another alternative is to file a Motion to Compel Production of _________ explaining what you asked for, why you asked for it, what you got and what you didn't get.

 

[Darkolight]

If I file a motion to compel: Same problem? Non compliance with a court order. It seems that would be a waste of time as there's nothing to motivate the other party to play ball.

What can a pro se litigant do to get people "moving". In the right direction?

Are there remedies a pro se litigant can seek for non compliance with a court order?

 

[army judge]

If I file a motion to compel: Same problem? Non compliance with a court order. It seems that would be a waste of time as there's nothing to motivate the other party to play ball

Some judges tell the other party to behave.

The court could sanction the other party, which only stings a tad if he/she/it is a lawyer.

In any case, a tongue lashing by the judge, a contempt citation and/or something else doesn't help you even a tiny bit.

Are there remedies a pro se litigant can seek for non compliance with a court order?

None that help you litigate your issues, or puts any money in your pocket.

Even lawyers are remiss to whine before trial about the other party holding back.

However, if its done at the RIGHT time before the jury, you could gain some sympathy.

There's not a damn thing in this life that's on the up and up.

Once you understand that basic premise, your life is simplified beyond belief.

 

[Darkolight]

Rgr.

 

[adjusterjack]

If I file a motion to compel: Same problem? Non compliance with a court order. It seems that would be a waste of time as there's nothing to motivate the other party to play ball.

Non compliance with a court order is followed by a motion to hold the party in contempt. The possibility of fines and jail will often motivate the other party to play ball.

You might get some helpful comments if you explained what the case was about, what your are trying to get from your opponents, and what you expect that information to do for you.

 

[zddoodah]

Are there any remedies I can seek in the next status conference to get the opposing party to take this seriously?

I'm not fluent with the Colorado rules of civil procedure, but the appropriate thing to do is likely to file a motion to compel further/complete responses.

If I file a motion to compel: Same problem? Non compliance with a court order. It seems that would be a waste of time as there's nothing to motivate the other party to play ball.

I don't really understand what you're asking. In nearly 30 years in the legal field, only once have I had a situation in which a court ordered further responses to discovery and the responding party didn't comply with the court order. In that case, I filed a motion for terminating sanctions. That resulted in the plaintiff's complaint being dismissed. The alternative could have been the court holding the plaintiff in contempt, and that probably would have persuaded him to provide responses. Does all this take effort? Sure. Is there an easy way to snap your fingers and make a difficult opponent easy? No.

What can a pro se litigant do to get people "moving". In the right direction?

Are there remedies a pro se litigant can seek for non compliance with a court order?

The remedies available to a pro se litigant are the same as those available to a represented party.

 

[Tax Counsel]

Currently for District Court. I received my responses to my interrogatories but they were vastly incomplete and in some areas inchoherent.

Is this state district court or federal district court? The rules are different in state court vs. federal court.