Do I have to respond to interrogatories in a will contest?

Full question:

I am contesting my father's will in Orphan's court for Howard County, MD. There is very little money involved. I have filed the papers myself. The PR has hired an attorney who has sent me interrogatories pursuant to rule 2-421. Does this apply when this is not a personal injury case? There is no court order. Do I have to respond?

  • Category: Discovery
  • Date:
  • State: Maryland

Answer:

The rule applies beyond personal injury cases. You must respond to the interrogatories unless you have a valid objection. Typically, you have 28 to 30 days to answer or object after being served. Discovery is broad, allowing the other party to seek information that may lead to relevant evidence. If the discovery request is overly burdensome, irrelevant, or intended to harass, you can object and request a protective order from the court.

According to Rule 2-421, any party can serve written interrogatories to another party, with a maximum of thirty interrogatories unless the court orders otherwise. You must respond within thirty days after being served or within fifteen days after your initial pleading or motion is due, whichever is later. Your response should answer each interrogatory fully and in writing under oath, or you must state your reasons for refusing to answer. Each interrogatory must be followed by its answer, and the response must be signed by you.

Additionally, if the answer can be found in your business records and the burden of obtaining the answer is similar for both parties, you can specify the records and allow the other party to examine them instead of providing a direct answer.

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.

FAQs

Interrogatories are written questions sent by one party to another during the discovery phase of a legal case, including will contests. They are used to gather information relevant to the case. The responding party must answer these questions in writing and under oath, providing clarity on issues related to the will and the contesting party's claims.