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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100583
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I propounded discovery responses to opposition. They responded

Customer Question

I propounded discovery responses to opposition. They responded to interrogs,etc. Defendants terminated atty & hired another.
Q: Can we send same discovery including interrogs ( we used up are limit ) to the new atty?Q: Can we send additional discovery along with the old?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Is your lawsuit under a LEVEL 1, LEVEL 2, or LEVEL 3 discovery plan?
Or, not sure?
Customer: replied 1 year ago.

Sorry for delay I had to go out of town. Under level 2 plan.

Expert:  Ely replied 1 year ago.
No worries.
Q: Can we send same discovery including interrogs ( we used up are limit ) to the new atty?
No. Or rather, there is no need to do so. The discovery is not "voided" if an attorney withdraws. The party must still reply to whatever was sent.
Q: Can we send additional discovery along with the old?
Yes, called "Plaintiff's/Defendant's Request for Supplemental _____ wherein "______" is the production/interrogatories/etc. However, there is a limit to how much one can send overall - see here, page 12 and on.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.

Discovery was answered when respondant had the first atty. I know they have duty to supplement but would it be best to send them a copy of all discovery that was sent to the previous attorney to prevent them from alleging they answered all discovery they were aware of & it"s not their fault the previous attorney did not send them everything. If we send them copies of the discovery previously sent to prior atty a new 30 day deadline does not kick in, right? Although they would have a good argument that 30 days is reasonable.

Expert:  Ely replied 1 year ago.
J,
but would it be best to send them a copy of all discovery that was sent to the previous attorney to prevent them from alleging they answered all discovery they were aware of & it"s not their fault the previous attorney did not send them everything.
While I cannot tell you what to do, I can tell you that this is normally NOT done. If they fail to supplement, your side can file a Motion to Compel and have the Court order them to do so, if needed, under threat of contempt.
If we send them copies of the discovery previously sent to prior atty a new 30 day deadline does not kick in, right?
No, it does. Them switching attorney does not pause or void any deadlines in any way.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.