Legal Question in Personal Injury in Tennessee
Need direction on how to respond to interrogatories..
Quick summary: my 9 year old son was walking our dog on a leash on our property and a neighbor's dog attacked our dog which led to over $2500 in veterinary bills. Lost in General Sessions because the vet could not attend and vet bills were inadmissable.
Appealed to circuit court. The defendant's attorney has requested interrogatories and production of documents. I need specifics on how to respond in the next 30 days. I'm fine with answering and providing documentation..however, one of his interrogatories requested information about how many marriages I've had and the birth dates and names of all my children. Can't I object to that personal issue that has no relevance in this case? I've only been married once and we have three children but do they need to know my children's birthdates and names? They are also threatening to make me pay for their legal fees on behalf of the defendant as a scare tactic. It's a cut and clear case and they admit their dog attacked my dog...the wife even said to send her the bill...but a week after the incident they were divorced and told me to sue them. I need help on making sure I dot my 'i's' and cross my 't's' so I don't lose on a technicality. Attorney fees would eat my judgment.
1 Answer from Attorneys
Re: Need direction on how to respond to interrogatories..
First, the only way to make absolutely sure that you cross your t's and dot your i's (as you put it) is to hire a lawyer, but I certainly understand why you can not afford one under the circumstances. I have no idea if it is an open and shut case. You are required to timely answer and file responses to all the discovery. If you need more time get permission in writing from the other attorney and/or file a motion for more time with the court. Most courts will let you work out at least one extension of time with the other side. I do not know about your judge. Don't forget that the interrogatories have to be under oath. You might even want to issue some discovery yourself, particularly to find out if this dog had been violent in the past. Anyway, you do have the right to object to questions that are vague, overbroad or not likely to lead to relevant evidence. There are other possible objections also, but relevance is not a good objection as the info merely needs to be able to lead to relevant evidence. Names and birth dates of minor children seem to fall in this category, unless they were witnesses or somehow had some involvement with the incident. Ultimately, the judge will have to decide if it is a good objection or not. You are required to comply with discovery requests in accordance with the rules of civil procedure and failure to do so can lead to sanctions, including dismissal, so be careful.
As for attorney fees, I can not think of a basis for the dog owner getting attorney fees here. Generally speaking in cases like this, you each pay your own attorney. If they have stated a basis, you may wish to post again on this site to run it past us or talk to a local attorney about it.
Best of luck
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