HAVING TROUBLE ANSWERING YOUR DISCOVERY REQUEST?
Sometimes, in a contested matter, you are required to respond to DISCOVERY. This can be questions that you are required to be answered which are called Interrogatories or documents which you are required to produce from a document called either a Notice to Produce or a Request for Production of Documents.
If Discovery is filed in your case, you must complete this for the court. If the requests were filed with the initial action, then they must be submitted within 45 days, otherwise they are due thirty days from when they are served. You must have them back to our office within 15 days so that we can prepare them for the Court.
For the Interrogatories, just answer to the best of your ability. We suggest you do this on notebook paper and number your answers to correspond with the questions. You may also type your responses as a Word or Word Perfect document and email them to beth@sherrikelley.com. You must be truthful in these responses and they are sworn documents.
For the Notice and Request for Production of Documents, again you need to write this on notebook paper and individually respond to each item that they have requested. You may also type your responses as a Word or Word Perfect document and email them to beth@sherrikelley.com. You must be truthful in these responses. Accordingly examples of appropriate responses are:
Copies are attached (and provide us a copy of the document requested);
None;
N/A; or
In other parties= possession.
Some of the requests would be impossible to put together. Try to do your best and plainly state if the items cannot be found or if they do not exist. Also, you are not required to spend excessive amounts of money to obtain documents requested, but you are required to turn over documents that are reasonable obtainable such as printing information off the internet including bank statements and credit card statements if these are requested.
DISCOVERY can be very timing consuming and confusing. Our office will help you understand what needs to be provided and to explain your responsibilities.