Legal Question in Civil Litigation in North Carolina

Answering Interrogatories

Ga Corp and President of Corp being sued by NC Corp. Interrogatories sent to GA Corp and Pres. What are the consequences if both do not answer interrogatories.

Asked on 10/26/05, 2:41 pm

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys
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Re: Answering Interrogatories

Unless the requested info is privileged or otherwise protected from disclosure, the recipient may be held in contempt for not complying with discovery request. Ordinarily, the opposing attorney will send a good-faith letter reminding the recipient to respond. If no response, then the attorney will most likely ask the court to hold the recipient in contempt and the court may allow negative presumptions, i.e. the court will treat unanswered questions as answered by the recipient in a way that helps the other side's case. Never advisable to not answer discovery requests without cause.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

glyon@macgregorlyon.com

www.MacGregorLyon.com

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10/26/05, 2:56 pm
Jeff Kent Kent & Merritt, P.A.
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Re: Answering Interrogatories

Assuming that venue and jurisdiction for the suit are correct, a judge could strike the company and president's answer and enter a default against them. In that case, there could be a trial on damages only or, if liquidated damages were pled in the complaint, a default judgment for the full amount of the complaint. Or a judge could simply issue an order to compel, stating that the interrogatories must be answered within a period of time (usually 10 days) or default could occur.

Regardless of whether or not you are the plaintiff or defendant in this case, you should get with your attorney to discuss options. If you do not have an attorney, you should get one.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.

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10/26/05, 4:12 pm

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