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Maryland rule 3-421 allows for pre-trial Interrogatories.

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Maryland rule 3-401(b)(2) indicates notice...
Maryland rule 3-421 allows for pre-trial Interrogatories. Maryland rule 3-401(b)(2) indicates notice shall be given promptly to the Court of service to the party which the Interrogatories were propounded. Is there any relevant rule or case law where the notice of service of the Interrogatories should be stricken for notice not being filed promptly with the Court? Pre-trail Interrogatories were mailed by opposing Counsel on August 28. Opposing Counsel did not notify the Court of the same until September 18. Opposing Counsel is filing for Sanctions for not answering the Interrogatories contemporaneously with the Notice of Service.
Submitted: 11 months ago.Category: Business Law
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9/18/2017
Business Lawyer: legalg, Attorney replied 11 months ago
legalg
legalg, Attorney
Category: Business Law
Satisfied Customers: 14,045
Experience: General Practitioner. Research Attorney
Verified
I could not locate any a case law directly on point. Only appellate cases are published and since the appeals process is costly it tends to cover more substantive issues. Normally for discovery procedure violations the court will award attorney fees as sanctions.
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Business Lawyer: Michael Gonzalez, Attorney replied 11 months ago
Michael Gonzalez
Category: Business Law
Satisfied Customers: 609
Experience: Managing Member at Perez-Mena & Gonzalez, LLC
Verified
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.I am not surprised that your appellate search did not provide any results.The rules are based on principles of due process. Procedural due process has two main tenets: 1. Notice and 2. Opportunity to be heard. Here, there is no prejudice to you as you were notified. I highly doubt any court will excuse you from answering discovery that you received based on a delay in alerting the Court of the service of the discovery.A more effective strategy may be to file a motion for extension of time to give yourself more time to respond to the interrogatories. Courts tend to give pro se litigants more leeway in this regard. If opposing counsel refuses to agree then set your motion for extension of time to respond to interrogatories for hearing. Call the judicial assistant for instructions on scheduling the hearing.
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