Full question:
My son received a law suit in April. He is 18. He sent back a note to the lawyer asking several questions which have never been answered. Tomorrow morning there is going to be a hearing where a date will be found to try the case. Do you think I should send something to the court requesting that the case be dismissed as the questions put forward were never answered?
- Category: Discovery
- Date:
- State: Virginia
Answer:
In a lawsuit, the discovery process allows parties to request information from each other. This includes written questions known as interrogatories. If a party does not respond, the other party can file a motion to compel answers or seek sanctions. Dismissal of a case is generally not a remedy for failure to respond to discovery requests.
Dismissal is usually sought for issues like improper service, failure to state a claim, or affirmative defenses. According to Virginia Supreme Court Rule 4:12, a motion to compel can be filed if a party fails to answer discovery requests. If the court grants this motion, it may also require the non-compliant party to pay the moving party's reasonable expenses, including attorney's fees.
In summary, it is unlikely that requesting dismissal solely based on unanswered questions will be successful. Instead, consider filing a motion to compel discovery responses.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.