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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11806
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What is the appropriate steps previous sets of

Customer Question

What is the appropriate steps for withdrawing previous sets of interrogatories and issuing a new set if the opposing party objects answering based on the fact that I used more than 50?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

You have one of two options. You can draft a letter to opposing party and advised him to answer only 50 specific questions identifying which 50 you want answers to. Your second option would be to draft a letter to opposing party advising that you are not pursuing the first set of interrogatories but are issuing a second set of interrogatories limiting the questions to only 50. You would then serve the second set in the same manner as the first. You do not need to officially withdraw the interrogatories, you can simply advised that they are not required to be answered.

Customer: replied 1 year ago.
If I recently filed a motion to compel based on them objecting to providing documents requested in 2 requests for production of documents after 60 days past. I have recently decided that I want to withdraw my first request and keep my second request for production. Does that mean that I have to dismiss my motion to compel, and give them another 30 days to respond.
Expert:  mmdesq replied 1 year ago.

Yes. That is slightlydifferent than your initial question. If there is an objection to the interrogatories you will not be able to compel. The motion to compel should be withdrawn.