Q: How should one handle the defendant's responses to interrogatories, all of which are 'I do not recall'
I sent 20 interrogatories to the defendant, but all responses are 'I do not recall.' How should I proceed? For instance, one interrogatory asked if she admitted to the police that she was holding a knife. There is a recording where the defendant did admit to holding a knife to the police, but her response now is 'I do not recall.'
A:
When a defendant responds to interrogatories with "I do not recall" for all questions, you can challenge the adequacy of those responses under California law. Start by reviewing the specific interrogatory rules, particularly the obligation to provide complete and straightforward answers. If you believe the responses are evasive or incomplete, you can file a motion to compel further responses.
In your motion, highlight the significance of the defendant's memory, especially when you have evidence, like the recording of her admitting to holding a knife. This evidence can demonstrate that the defendant does have knowledge of the events in question and that the "I do not recall" responses are not truthful.
Additionally, you can request a discovery referee or ask the court to impose sanctions for discovery abuse. This can compel the defendant to provide more accurate and complete answers. Remember, persistence in following up with the court can help ensure that you receive the information necessary for your case.
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