What is the effect of failure to file and serve written interrogatories on an adverse party?

• A. The case must be dismissed.
• B. You cannot compel the adverse party to give testimony in open court or deposition pending appeal unless allowed by the court for good cause shown.
• C. The party waives its right to conduct discovery.
• D. The court may impose a monetary fine.

Answer: (B)

Failure to file and serve written interrogatories narrows the ability to compel testimony from the opposing party during the appeal. Interrogatories are a discovery tool used to obtain information without live testimony, and when this step is skipped, the rule provides that you cannot force the adverse party to testify in open court or at a deposition while the appeal is pending unless the court, for good cause shown, grants permission. This balances the need to keep the appellate process orderly with the possibility of relief if a party can show a legitimate need for testimony. Other drastic outcomes like automatic dismissal, waiving all discovery, or automatic monetary penalties aren’t the direct remedy described here.