Baldwin v. Liberty Mutual Fire Insurance

LAYTON, District Judge.

Defendant served interrogatories upon plaintiffs who filed written objections but omitted to accompany the objections “with a notice of hearing * * * at the earliest practicable time” as required by Federal Rule 33. Defendant contends that plaintiffs are foreclosed from pressing the objections for failure to comply with the Rule.

In Miller v. United States, 192 F.Supp. 218 (D.Del.1961), Judge Rodney, of this District, in a similar situation, permitted the party to present his objections despite the fact that he had failed to accompany the written objections with a notice…