Q: Do you file your interrogatories/production with the courts and the courts send your advasaries those documents.
I'm a pro se litigant and I'm suing family members. My first amended complaint was granted and I have started discovery sending interrogatories/production to them.
My advasaries instead of filing objections or answers to my interrogatories, went and filed a restraining order on me. So now I'm barred from further contact. I did however file a motion to compel. Just waiting on the ruling. My question is can they actually avoid answering by this method.
Based on the information provided, im not sure that you have the skillset needed to handle litigation on your own. Interrogatories and document requests are sent to the adversary - not to the court and they need to be tailored to the particular issues and claims involved in your matter and need to be worded correctly if you want the other side to respond to them.
If nothing else, it makes sense for you to pay an experienced lawyer for his / her time to review your amended complaint, the discovery requests, the basis for the entry of a restraining order against you, and all of the materials exchanged between you and the other sides counsel to at least help guide you or point out the errors in your case.
1 user found this answer helpful
A: Thank you for your question regarding discovery. Your question did not indicate what type of lawsuit you have pending against your family. However, discovery is not filed with the court. The motion to compel is a good approach, you could also file a motion to dismiss their responsive pleading and enter default. As for the restraining order, I would need more information regarding the basis for the TRO. Any violation of a TRO is a criminal offense, so I strongly suggest that you contact a local family law attorney and inquire as to the specific facts of your case and seek advice on how to defend against the TRO as well as move you litigation forward. Restraining orders in New Jersey are permanent and have severe consequences and they should be taken seriously.
1 user found this answer helpful
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