MOTION TO COMPEL

YOUR NAME

Street Address

City, State  Zip

Phone Number (with area code)

Fax Number (If applicable)

Email Address (If applicable)

In Pro Per

 

 

 

 

NAME OF COURT

JURISDICTION

 

NAME OF PLAINTIFF, Plaintiff, vs. NAME OF DEFENDANT(s), Defendant(s)

) ) ) ) ) ) ) ) ) )

Case No.:     PLAINTIFF’S MOTION TO COMPEL ANSWERS TO FIRST SET OF INTERROGATORIES

 

NOTICE OF PLAINTIFF’S MOTION TO COMPEL ANSWERS TO FIRST SET OF INTERROGATORIES

 

YOU ARE HEREBY NOTIFIED that Plaintiff, [Plaintiff], will move this Court on [DATE] at [TIME] for an order compelling Defendants to answer Plaintiff’s first set of interrogatories.

The Motion to Compel will be based on the following grounds:

1. Defendants have failed to respond to Plaintiff’s first set of interrogatories.
2. Defendants’ failure to respond to Plaintiff’s interrogatories is a violation of South Carolina Rule of Civil Procedure 33(a).
3. This Court has the authority to compel Defendants to answer Plaintiff’s interrogatories.
4. This Court should exercise its discretion to compel Defendants to answer Plaintiff’s interrogatories.

A copy of the Motion to Compel is attached to this Notice.

If you have any questions, please contact Plaintiff at [PHONE NUMBER] or [EMAIL ADDRESS].

Respectfully submitted,

 

YOUR NAME

Street Address

City, State  Zip

Phone Number (with area code)

Fax Number (If applicable)

Email Address (If applicable)

In Pro Per

 

 

 

 

NAME OF COURT

JURISDICTION

 

NAME OF PLAINTIFF, Plaintiff, vs. NAME OF DEFENDANT(s), Defendant(s)

) ) ) ) ) ) ) ) ) )

Case No.:     PLAINTIFF’S MOTION TO COMPEL ANSWERS TO FIRST SET OF INTERROGATORIES

 

MOTION TO COMPEL ANSWERS TO FIRST SET OF INTERROGATORIES

Plaintiff, hereby moves this Court for an order compelling Defendants, [Defendants], to answer Plaintiff’s first set of interrogatories.

 

FACTS

1. On August 19, 2022, Plaintiff filed his Complaint against Defendants.
2. On October 11, 2022, Defendants filed their answers to the Complaint.
3. On January 7, 2023, Plaintiff served Defendants with the first set of interrogatories.
4. Defendants have not responded to Plaintiff’s interrogatories.
5. On March 22, 2023, Plaintiff sent Defendants a notice to respond to the interrogatories.
6. Defendants have not responded to Plaintiff’s notice.

 

ARGUMENT

1. Defendants’ failure to respond to Plaintiff’s interrogatories is a violation of South Carolina Rule of Civil Procedure 33(a).
2. Rule 33(a) requires a party to answer interrogatories “in writing and under oath.”
3. Defendants have not answered Plaintiff’s interrogatories in writing or under oath.
4. Defendants’ failure to comply with Rule 33(a) is a sanctionable offense.
5. This Court has the authority to compel Defendants to answer Plaintiff’s interrogatories.
6. This Court should exercise its discretion to compel Defendants to answer Plaintiff’s interrogatories.
7. The first set of interrogatories served on Defendants consisted of 25 questions.
8. The interrogatories sought information about Defendants’ knowledge of the facts and circumstances surrounding the events at issue in the case.
9. The interrogatories were served in accordance with the South Carolina Rules of Civil Procedure.
10. Defendants were given 30 days to respond to the interrogatories.
11. Defendants have not responded to the interrogatories within the 30-day period.
12. Plaintiff has sent Defendants a notice to respond to the interrogatories, but Defendants have not responded to the notice.
13. The failure of Defendants to respond to Plaintiff’s interrogatories is a serious matter.
14. The interrogatories sought information that is relevant to the case and that is necessary for Plaintiff to prepare for trial. Defendants’ failure to respond to the interrogatories is a violation of the South Carolina Rules of Civil Procedure and is a sanctionable offense.
15. This Court has the authority to compel Defendants to answer Plaintiff’s interrogatories.
16. The South Carolina Rules of Civil Procedure provide that a court may “issue an order compelling a party to comply with a discovery request.”
17. The Court may also impose sanctions on a party for failing to comply with a discovery request.
18. The Court should order Defendants to answer Plaintiff’s interrogatories within 10 days of the date of the order.
19. The Court should also order Defendants to pay Plaintiff’s reasonable expenses incurred in connection with the Motion to Compel.

 

CONCLUSION

For the foregoing reasons, Plaintiff respectfully requests that this Court enter an order compelling Defendants to answer Plaintiff’s first set of interrogatories.

 

 

Respectfully submitted,

 

 

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