Nadaya Obey asked 2 months ago
I filed answers against LVNV with no counter affidavit. I used legal services to assist me before I found Brian on youtube. I did send them court supplied interrogatories which they sent vague response to. They also postponed the trial date. What can I do from now leading up to the trial?
Brian Parker Staff answered 2 months ago
Depending on your state, yes amend as a matter of right within a certain amount of days from when you filed the answer. Check your amemding pleadings rules-that is your search term. Otherwise, file a motion to amend with a copy of the proposed answer and affidavit attached as Exhibit A to the Motion. Then file with the court. Remember to ask the other side to stipulate to it. They are unlikely to say yes but you are setting them up: if they don't cooperate, you put that in the motion and the court will like you for trying to keep it out of court and not like the other side for not being cooperative early on. Good luck. That too will be my next video or short.
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You can amend your Complaint and add your counter affidavit to it. As far as the interrogatories, if they gave vague responses, you can request that they provide supplemental responses, and or reason for any objections. It’s very important that you go to your states Rules of Civil Procedure and make sure you are complying with all of the procedural rules, they will also guide you to your next step. Rule 26 will be where you will find all of the information you need as far as discovery.