I'm the defendant in a civil case. My response to plaintiffs supplemental interrogatories is due this week. However, the trial date is set only 12 days from the due date. Can the plaintiff still compel me to produce response to the supplemental special interrogatories? I thought there was a cut off date before the trial date...
Not likely. You don't indicate when but I presume Plaintiff probably served the supplemental interrogatories beyond the discovery cut off. Responses are supposed to be due 30 days prior to the initial trial date.
Notwithstanding the foregoing, if there are material changes to you responses that you intend to bring up at trial, you should provide those supplemental responses or risk being precluded from introducing new evidence at trial. Plaintiff can file a motion in limine.
It sounds like this discovery was served way beyond the discovery cutoff, and accordingly, the motion cutoff has also passed.
HIre a lawyer - the rules of discovery and trial can get very complex, and pro per litigants rarely do well.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
The discovery cut off date is usually 30 days before trial. This means discovery must be complete by a certain date. Since plaintiff still has his special interrogatories pending response, any motion he may file to compel responses would likely fail. Judges do not like moving trial dates, especially when it is necessitated by poor planning.
Disclaimer: This answer does not constitute legal advice, and should not be relied on. Each state has different laws, and each situation is fact specific. Without an in depth consultation and analysis of all relevant facts and evidence, it is impossible to fully evaluate a legal problem. This answer is not intended to, and does not, create an attorney-client relationship.
