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LEGAL QUESTION: Does a motion to dismiss postpone the deadline for interrogatories?

Asked by jfos (7362points) January 8th, 2014

I would like to explain this with as few personal details as possible. I don’t think they are relevant to the question anyway. Without further delay…

I am currently the defendant in a civil suit. A few months ago, I received a complaint from the plaintiff and I have already answered it. About a week later, I was sent an Interrogatory from the plaintiff’s attorney. I was given x amount of days to respond. That time is almost gone, and I have found (what I think to be) a good reason for the case to be dismissed without a trial.

I am now filing a motion for a summary judgment, in hopes that the case will be dismissed. Does this automatically postpone the deadline for the interrogatories? I know that failure to respond to the the interrogatories can and likely will result in a default judgment against me. But if the case gets dismissed, the interrogatories will be irrelevant.

My concern is that if my motion is denied, will I then be considered delinquent for not submitting answers to the interrogatories? Any responses would be greatly appreciated.

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