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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11649
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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For Andrea ,I have been served with discovery papers containing

Customer Question

For Andrea ,I have been served with discovery papers containing Request for Admission and and Request for production of documents . The deadline to respond is by the 17 th July. I did not know that Request for Admission is a super important paper to be answered If you don't answer in time ,it is deemed admitted and they can basically get a summary judgment against you . My question is that I am trying to settle the case thru attorney.the opposing attorney is dragging his feet in providing a settlement offer. I was wondering can my attorney just send response for Request for admissions and get two weeks extension from the opposing attorney?.It will keep my legal costs to the minimum.

Basically is partial response to discovery is accepted legally.?

Can opposing attorney grant extension of two weeks?

Is there any special format in which opposing attorney has to grant extension of time?

This will give us time to negotiate settlement offer hopefully,
.
Otherwise we would have to proceed with the lawsuit. Please answer and your advice and input.
Submitted: 1 year ago.
Category: Legal
Expert:  Fran-mod replied 1 year ago.
I will notify Andrea that your question is waiting for her. SHe will see it when she next checks her email.
Expert:  Andrea, Esq. replied 1 year ago.

Hi and Thank you for requesting me,

 

In Answer to your questions,

 

1. A partial response will be good only as to those questions or admissions to which you have responded. It will not be satisfactory because you will be deemed to have admitted everything to which you have not responded;

 

2.& 3. Opposing counsel can give you an extension of time and there is no special form that is needed. One thing that I would do if I were you is to send a copy of the letter requesting an extension of time to the Judge's attention. When you receive a reply as to extending time to respond, I would send a copy of that letter also to the Judge's attention. This way, opposing counsel cannot pull a fast one and try file a Motion for Summary Judgment because you will have the letter granting the extension of time to respond and so will the Judge.

 

_______________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

Customer: replied 1 year ago.
Let me be more clear.I have been served with two sets of Requests:
Request for admission

Request for production of documents.

If I answer all questions on Request for admission with in 30 days prescribed time and get an extension to file response for production of documents ,'is thatOK.!

My lawyer was suggesting that under Rule 29 ,you are allowed extension of time to file response to both the above mentioned requests. May be I am being unnecessarily worried.

I feel more comfortable in at least filing response for Request for filing admission with in original time limit and filing response for production of documents with in extended time limit.Any comments and advice.

Do you mean that I should file a copy of the letter with court clerk with case number XXXXX on it.

Expert:  Andrea, Esq. replied 1 year ago.
Has a Judge been assigned to the case ?
Expert:  Andrea, Esq. replied 1 year ago.

All time limits prescribed by the Rules of Civil Procedure must be observed, otherwise the opposing side can ask for sanctions. The time limits can be extended if the opposing side agrees. Maybe, I am being overly cautious, but I would rather be cautious, than give the opposing side the upper hand. I would ask the opposing side for an extension of time and if they denied my request, I would ask the Court for an extension of time. However, if the opposing side granted the extension of time, I would still let the Court know - either by sending a copy of the letter to the Judge, or by filing the letter granting the time with the Court Clerk, if no Judge had yet been assigned - just so that the opposing side cannot do anything at some later time, saying that I missed the deadline,

_____________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Customer: replied 1 year ago.
Thanks for your answervCan you please review the second paragraph from the bottom once again.

Is it perfectly OK to file REquest for Admissions and file response for Reproduction of documents with the extended limit of 45 days instead of the Original 30 days that was given tome when discovery was seved.

I have read that if you miss deadline to respond to request for production of documents ,you will get a second request for response to production of documents but responding to request for Admissions is super critical.is extended time of say 45 days is perfectly OK to file response to àdmissions?

If the extension of two weeks is granted ,is it 100% safe to file response to both the requests with in extended time limit of say45 days.thanks
Expert:  Andrea, Esq. replied 1 year ago.

1. You asked,

 

"Is it perfectly OK to file REquest for Admissions and file response for Reproduction of documents with the extended limit of 45 days instead of the Original 30 days that was given tome when discovery was seved."

 

Answer

 

You can use the extended period of time only to respond to the request for which the extension was given. For example, if you asked for an extension of time for the Production of Documents, then the extension of time refers only to that request and does not extend the time for the Request for Admissions;

 

2. You also asked,

 

"I have read that if you miss deadline to respond to request for production of documents ,you will get a second request for response to production of documents but responding to request for Admissions is super critical.is extended time of say 45 days is perfectly OK to file response to àdmissions?"

 

Answer

 

The opposing side does not have to make a second request. They can ask the Court for sanctions in several ways. For example, they can ask the Court not to allow you to give any evidence on the information which you did not respond to within the time limits allowed. And, a request for an extension of time to respond to one thing does not extend the time to respond to another. In other words, a request for an extension of time to respond to the Production of Documents, does not mean that you also have an extension of time to respond to their Request for Admissions;

 

 

3. Lastly, you asked,

 

 

'If the extension of two weeks is granted ,is it 100% safe to file response to both the requests with in extended time limit of say45 days"

 

Answer

 

It is safe, but if you do not trust the opposing side, make sure you have their granting you an extension of time in writing



_____________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11649
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 6 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Andrea,You were super helpful!
Expert:  Andrea, Esq. replied 1 year ago.
You are most welcome!
Customer: replied 1 year ago.
Already rated your service excellent at4:24. amEST. I don't understand why do you want me to rate it again.

Let me know if you have not got credit for one question.
Expert:  Andrea, Esq. replied 1 year ago.

The pop-ups come up automatically,

 

 

ANDREA

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