Answering Discovery Questions about the Original & First Amended Complaint

Lawsuits And Disputes 3 views 1 answers
I am a pro se Plaintiff in a case and served a court ordered 2nd Amend Complaint on defendants. In discovery, the defense is asking questions about the Original and 1st Amended Complaint. I objected. Am I obligated to answer any discovery questions about these previous complaints, as the 2nd Amended Complaint is now the "operative complaint"? In a letter, they said, "... that objection is not valid because the definitions clearly state that use of the word "Complaint" is intended to refer to, among other things, the second amended complaint on file with the Court." They are clearly asking questions about counts in the previous complaints that are NOT in the 2nd Amended Complaint. Am I obligated to answer them? Thank you.

Attorney Answer

1
Mark Mackin ·
A lot depends on the reason why they are asking. Could be for impeachment, could be to find out more that may lead to discoverable and relevant facts. You can try objecting and let the court sort it out. You run the risk of paying attorney fees if the ruling goes against you. You may want to hire some limited service advice on the matter from a local attorney. No one can give you much guidance without knowing the kind of case and reviewing the documents you reference.
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