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Chapter 26

Form 26-10

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Order Compelling Answers to Interrogatories in Aid of Judgment

On [date], a hearing was held on the motion of [name of plaintiff], Movant, to compel [name of respondent], Respondent, to answer Movant’s written interrogatories in aid of judg­ment.

The Court finds that the interrogatories were served on Respondent in the time and manner prescribed by law. The Court further finds that Respondent has not answered Movant’s interrogatories within the time and in the manner required by law and has not objected to the interrogatories or moved for an extension of time to answer them.

Accordingly the Court finds that the Motion to Compel Answers to Interrogatories in Aid of Judgment should be sustained. The Court further finds that Respondent’s refusal to answer the interrogatories was without substantial justification, and accordingly the Court finds that Movant is entitled to recover $____________ as reasonable expenses incurred in obtaining this order and $____________ as reasonable attorney’s fees.

It is therefore ORDERED that the Motion to Compel Answers to Interrogatories in Aid of Judgment is hereby sustained in all things; and

Respondent is ORDERED to forward to Movant’s attorney on or before ________________ a complete, sworn set of written answers to Movant’s interrogatories that were addressed to Respondent and served on [date]; and

It is further ORDERED that Movant recover from Respondent $____________ for expenses and $____________ for reasonable attorney’s fees, for which execution may issue.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM:

   
[Name]
Attorney for Movant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

   
[Name]
Attorney for Respondent
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

Attach the order to the motion (form 26-9) and file with the court clerk. Send a copy of the order as approved by the court to the defendant, using the transmittal letter at form 26-11.