Wolf v. Dickinson

WELSH, District Judge.

Defendant has moved to strike the answers to defendant’s interrogatories for the reason that they fail to conform with Rule 33, 28 U.S.C., in that they are not sworn to by plaintiff as required by that Rule.

In his brief plaintiff argues his answers to defendant’s interrogatories which are sworn to by his counsel constitute sufficient compliance with the Rule. However, he states he is willing to obtain an affidavit to the answers executed by plaintiff himself and to attach said affidavit to the answers. Under the circumstances it is unnecessary for the Court to rule on…