Legal Question in Business Law in California

need help with Form Interrogatories & Requests for Admissions

Pending civil case with ex-employer. Already had discovery & trial date is set. No longer have an attorney. Funds hv been depleted by this action & have no income. Probably will not even show for trial. I know this is not recommended. Their case is based on myself & another employee starting another company while employed there, stealing trade secrets, etc. Majority of the complaint is completely fabricated, but we did form an LLC while working there. My question is regarding some documents I received. Form Interrogatories and a Declaration for Additional Discovery on First Set of Requests for Admissions. I noticed that the Interrogatories ''have not'' been filed with the court and a sentence on the forms reads, ''interrogatories are designed for optional use by parties''. Does this mean I don't have to respond to the redundant Interrogatories? Being that it says ''optional''. Also, I see that the Request for Admissions ''have'' been filed with the court. Am I legally bound to respond to the Request for Admissions? Am I in contempt of court if I do not respond? There are 62 more questions that begin, ''Admit to...''. If I AM legally bound to respond to the Admissions, can I simply respond, ''I do not admit to this'' for each statement? Thanks


Asked on 4/26/04, 10:19 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: need help with Form Interrogatories & Requests for Admissions

Wow. It sounds like you're asking for trouble if you don't show up for trial. They'll get a judgment against you and your life will be holy h**l for years to come.

Typically, a lawyer will serve form interrogatories and requests for admission. If you don't admit a request for admission, a form interrogatory asks why you don't admit it. You will have to provide info for each one you don't admit. As far as the other form interrogatories go, it's optional for the propounding party to use -- not optional for you to answer. Make sure you answer within the time limit prescribed. Good luck!

Read more
Answered on 4/26/04, 10:53 pm
Gabriel Jack Muston & Jack P.C.

Re: need help with Form Interrogatories & Requests for Admissions

Remember that if you fail to answer any of the requests for admission, they will likely push the court to count them against you as admissions. I agree with the previous opinion. If you allow yourself to be in default, you essentially give away most rights you have to defend yourself and the opposing side will likely get a judgment for the full amount of damages they are requesting. Once they get that, they'll be able to attach your bank accounts, possibly your wages and any other ascertainable assets they can legally get their hands on.

Read more
Answered on 4/27/04, 1:40 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: need help with Form Interrogatories & Requests for Admissions

Discovery demands and responses are not filed with the court unless/until a controversy over the process motivates one part or the other to seek a court order respecting the discovery process. The courts are much too busy to become involved in receiving anf filing routine discovery requests and responses.

Failing to respond to legitimate discovery is like throwinf in the sponge or waving a white flag, especially with respect to requests for admissions. Whatever you fail to deny will be deemed admitted.

So, you do have to respond, the declaration for additional discovery serves the purpose of allowing the other side to exceed the numerical limitation (35) on interrogatories, and answering discovery while acting in pro. per. is very risky because the average non-lawyer has no idea what questions should be answered in full and which deserve an objection and no answer.

As Mr. Cohen points out, you must avoid folding your tent and giving up if you have any property or any real career aspirations. Find someone local who will assume your defense on terms you can afford. I won't quite go so far as to suggest pledging your first born, but a left arm might be appropriate. A sound defense could turn out to be important to your future, especially if, as it sounds, your case may be winnable or at least could be settled on better terms than you will get out of a default judgment.

Read more
Answered on 4/27/04, 1:46 am


Related Questions & Answers

More Business Law questions and answers in California