Legal Question in Civil Litigation in California
I am a pro se plaintiff in a civil case and received from defendant attorney a set of interrogatories,request for production of documents and request for admissions.In the interrogatories he asks for personal and irrelevant to the case questions.In request for admissions he asks me to admit the opposite of what I alleged in my lawsuit allegations. In request for documents he asks for numerous long and often unrelated documents.
Am I obligated to answer him?
Should I ask him to submit it to the judge and I only supply what the judge decide relevant to the case?
4 Answers from Attorneys
Yes, you are obligated to answer and/or object. Your failure to respond will result in a waiver of any objections you may have to that discovery, and the Court will automatically order you to fully answer, without objections.
The judge will not get involved in this discovery matter unless (a) you move for an appropriate protective order that says you do not need to respond; or (b) your opponent files a motion to compel your responses.
You need to get a lawyer involved here, at least on a limited scope basis. It strikes me that you are at risk of injuring your case by not complying with the rules of discovery.
You had better serve responses or your objections will be deemed to be waived. If they are really bad, you can move for a protective order, but it is better to respond and object in a timely manner.
Plaintiff's personal information? Well a party can ask questions regarding your information as they are entitled to know who is suing them.
Am I obligated to answer him?/"Should I ask him to submit it to the judge..."
It is obvious you need a lawyer as your case is quickly turning into a huge mess, you clearly have no idea what you're doing. No amount of free help tips from a website is going to replace a seasoned professional. Find an attorney by checking the local bar association where you live.
You must answer and/or object. You have the option of bringing a motion for a protective order, but the court will likely require you to answer most of the questions you find objectionable -- and then make you pay the other side's legal fees for opposing the motion.
Bear in mind that, if you object and/or refuse to answer any question, the other side will have the option of moving to compel responses. If that motion succeeds, you will have to answer and will likely have to pay the other side's related fees.
Requests for admission almost always state the opposite of what the answering party has claimed. The asking party knows the answers will be no. But they are usually served along with an interrogatory that asks for explanations of any such denials. That way the answering party has to explain his positions. And if he fails to admit or deny some of the requests even after the court grants a motion to compel, the court may later deem those facts admitted.
Mr. Perry and Mr. Kubler are right that you need a lawyer. Messing up discovery responses is one of the most common ways pro pers torpedo their cases. You will be able to navigate this minefield if you get competent legal help.
Good luck.