Legal Question in Family Law in Missouri

What happens if a person does not answer dicovery questions in the alotted thirty days?


Asked on 9/29/11, 1:16 pm

1 Answer from Attorneys

Anthony Smith LawSmith

There is wide range of things that can occur if one fails to respond to Discovery Requests on time. They range from a reminder letter to get the responses in (commonly called a Golden Rule letter) to a Default judgment being entered agaisnt the party who failed to respond on time. It is common to ask for additional time, but improper to just not repsond on time. If the thirty days has nto yet expired, one shoudl call the other side and tell them they are going to ask the Court for additional time to respond. Those requests are so common, that Clerks can sometimes give the extension without the judge having to get involved with the request at all. Most attonreys do not oppose a single request from the other side.

If the thirty days has already expired, and you are the one that is late, immediate action is very important. Call the other side; explain the delay, and give a written promise to get the responses to them by a certain date. Then do so.

If you are the one to whom reponses are overdue, send a reminder (Golden Rule letter) telling them that the date you show that repsonses were due, that they are now late, and that you may ask for sanctions if they do not respond very soon. Then if the other side doesn't respond, you can ask for sanctions, such as extra legal fees for having to deal with the delay, and an Order or Judgment in your favor as to the issues that were the subject of the Discovery.

If you do not have legal counsel, you should consult with an attorney in your area, as to your case. It is unwise to rely just on a general answer, that was based upon the general information you are able to provide here. Get advice that is specific to the facts of your case, before you decide how to act in your case. Many attonreys offer a free or low cost initial consultation. Take all your relevant documents and go see one.

Good luck

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Answered on 9/29/11, 2:24 pm


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