Some times, the most basic part of the case, discovery, can
often be the most frustrating part. In most cases, some amount of
discovery is needed to do the due diligence necessary to bring a
matter to its conclusion with some sense of comfort that the issues
have been adequately addressed. In complex cases, especially
cases where there are businesses and other significant assets to
value, the failure to complete discovery often stops a case in its
tracks. I have a few cases now where the business owner
is simply stonewalling discovery.
In your typical case, you may serve interrogatories (written
questions to be answered under oath) and a document request.
Though per court rules, the responses are due in 60 and 45 days
respectively, the rules are most often honored in the breach.
Is it right? No. But most people figure that they can
get away with ignoring the rules because the deadlines to answer
will be set at the first Case Management Conference. And even
when
