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John, Attorney
Category: Business Law
Satisfied Customers: 5385
Experience:  Licensed and practicing attorney helping businesses achieve their legal and practical goals.
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What rights does a defendant have in a civil matter if the

Customer Question

What rights does a defendant have in a civil matter if the plaintiff's attorney exceeds the number of allowed questions during discovery? (I think the limit is 3)
Submitted: 9 months ago.
Category: Business Law
Expert:  John replied 9 months ago.

Two options - 1) object in writing to paintiff's counsel as the questions exceeding the limits of the rules of discovery, plaintiff may then if it desires seek to get a court order to force you to answer or 2) File a motion with the court to disallow "quash" the questions beyond the limit.

Customer: replied 9 months ago.
Please confirm your response to number 2 to mean this: if 3 questions are allowed, and the plaintiff asks 9, the defendant is within their rights to ask the court to "quash" questions 4 - 9. Also, sounds like option 1 is a more aggressive approach, do you agree?
Expert:  John replied 9 months ago.

Correct, you can ask the court to quash or you can just tell plaintiff you object and put the burden on them to seek to get a court order compelling response. I think option 2 is more aggressive because you are actually asking the court to quash the requests.

Customer: replied 9 months ago.
John I just spent 15 minutes on the phone with customer service asking them why I am unable to rate you 5 stars. I tried on my laptop and my iPhone. I am receiving the following system error message from Just Answer: "Sorry, your rating was not processed. Please refresh the page and try rating again. If the issue persists, contact Customer Care at 1-***-***-****." They were not very helpful in that they could neither tell my the cause for the error nor override it.
Expert:  John replied 9 months ago.

No problem. I'll turn the matter in to customer service. Thank you for your attempt to make the rating! I appreciate it.