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John
John, Attorney
Category: Business Law
Satisfied Customers: 5554
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: 11 months ago.
Category: Business Law
Expert:  John replied 11 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 11 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 11 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 11 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 11 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.