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Ray, Lawyer
Category: Legal
Satisfied Customers: 41035
Experience:  30 years in civil, probate, real estate, elder law
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My attorney just dropped out of the case due to the defense

Customer Question

My attorney just dropped out of the case due to the defense making a "deal" with him, sounds crazy but I can prove it. The judge is about to issue sanctionsand I'm looking for a new attorney, we are right in the middle of a continuance and I need to know how to carefully answer these first requests for documents and Interrogatories. I have so many supporting documents and I still don't know who all the expert witnesses are going to be, that's really going to be up to the next attorney but I have to provide answers now... what should I be weary of and how can I answer these but still say that I need to be able to amend my answers?
Submitted: 9 months ago.
Category: Legal
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 9 months ago.

You always have the right to supplement you answers and have a

a duty to do so.Here you will be fine to answer as best you can

supplement them later.

Expert:  Ray replied 9 months ago.

This is pretty standard your answers often

change as you gather more information.

You can supplement prior to trial.

Expert:  Ray replied 9 months ago.

60-233. Interrogatories to parties. (a) In general. (1) Availability; timing. A party may serve written interrogatories on the plaintiff after commencement of the action and on any other party with or after service of process on that party.

(2) Scope. An interrogatory may relate to any matter that may be inquired into under subsection (b) of K.S.A. 60-226, and amendments thereto. An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the court may order that the interrogatory need not be answered until designated discovery is complete, or until a pretrial conference or some other time.

(b) Answer and objection. (1) Responding party. The interrogatories must be answered:

(A) By the party to whom they are directed; or

(B) if that party is a public or private corporation, a partnership, an association, a governmental agency or other entity, by any officer or agent, who must furnish the information available to the party.

(2) Time to respond. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories, except that a defendant may serve answers or objections within 45 days after being served with process. A shorter or longer time may be stipulated to under K.S.A. 60-229, and amendments thereto, or be ordered by the court.

(3) Answering each interrogatory. Each interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath.

(4) Objections. The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.

(5) Signature. The person who makes the answers must sign them, and the attorney who objects must sign any objections.

(c) Use. An answer to an interrogatory may be used to the extent allowed by the rules of evidence.

(d) Option to produce business records. If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting or summarizing a party's business records, including electronically stored information, and if the burden of deriving or ascertaining the answer will be substantially the same for either party, the responding party may answer by:

(1) Specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could; and

(2) giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts or summaries.

Customer: replied 9 months ago.
Thanks Ray, what's the typical amount of time that someone would be expected to produce medical records for? My "mental health" has been called into question and they are asking for every medical record I've ever had...
Expert:  Ray replied 9 months ago.

You only have to produce records in your possession.If you don't have them tell them that as a response.

Expert:  Ray replied 9 months ago.

They would need a court order to make you get them here.

They can only make produce what you have in

your possession.