Legal Question in Civil Litigation in Kentucky

request for interrogatories denied

I sent a request for interrogatories to defense counsel. State factual basis for Failure to state claim, doctrine of merger and accord and satisfaction. They refused request saying I was asking for legal advice. The wording of request was given to me by an attorney. I am handling my own case. What should my position be in front of the judge for compelling them to answer.


Asked on 10/24/02, 4:24 pm

2 Answers from Attorneys

Brian Halloran Brooking and Halloran, PLLC

Re: request for interrogatories denied

You have an absolute right under the Rules of Civil Procedure to discover what if any the factual basis is for any affirmative defense asserted in their answer. They are attempting to avoid answering. File your written motion to compel, serve copies to all opposing counsel per the state and local rules, and provide copies of your requests with the motion so the judge may rule on their appropriateness. Don't back down, but be respectful to the court. Best of luck.

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Answered on 10/28/02, 6:39 pm
Philip Owens Philip M. Owens, Attorney at Law

Re: request for interrogatories denied

Since I do not know the factual basis for your action, it would be impossible to determine upon what legal grounds you should rely. To get this before the court, you file a motion to compel them to answer. The motion must be written, the original filed with the clerk with a notice of the time and place to be heard and a certificate of service that you have mailed it to the attorney on the other side. The end result here is, I'm afraid, that they are going to litigate you out of court fighting procedural battles which you do not have the training or resources to win.

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Answered on 10/24/02, 6:18 pm


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