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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Aloha from Honolulu - we have been in litigation with our x-landlord

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Aloha from Honolulu - we have been in litigation with our x-landlord (commercial) since 2011; not much as happened, though we had until today to respond to opposing counsel's 1st request for answers/ docs - opposing counsel ignored our multiple requests for discovery/ claimed all info is "lost" - if we're NOT ready to respond today, what do you advise - just send something, or ?

If you are not ready to respond, you need to either obtain a written agreement from opposing counsel giving you an extension on the deadline, or you need to file a response that objects to each question on a legal grounds and states that "we are in the process of gathering responsive information and will amend this response in a timely fashion".

An objection you can make that is broad would be:

"Objection, (Plaintiff/Defendant) objects to the foregoing request on the grounds that it is overly broad, vague, ambiguous, and seeks information outside the scope of discovery in this litigation. Subject to the foregoing objections and without waiving the same, (Plaintiff/Defendant) is in the process of gathering responsive material and will supplement this response in a timely fashion."

If you do this in response to each question you cannot answer now, this will save you from any claim that you failed to respond.

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