Interrogatories can be used to: Lock in your opponent's (or witness') version of facts obtain their testimony under oath to discredit (impeach) their testimony if they change their story at trial; When and where did you treat? For example, a yes-or-no question might ask something like, "Were you receiving treatment for any physical disability or sickness during the time of the complaint? Interrogatories may relate to any matters which can be inquired into pursuant to Rule 26.02, and the answers may be used to the extent permitted by the Minnesota Rules of Evidence.. An interrogatory otherwise proper is not necessarily objectionable merely because its answer involves an opinion or contention that relates to fact or the application of law to fact, but . To learn how to properly format your questions, keep reading! 33.02 Scope; Use at Trial. When and where? The attorney has not properly addressed the questions with the client. 1: A copy of my proof of insurance from Farmers Insurance effective January 1, 2014, is attached to these responses. Discovery is one of the least talked about steps in divorce, but it is often among the most . Answers to interrogatories may be used only against the responding party at trial or a hearing.9 B. Interrogatory Types There are two basic types of interrogatories: identification and contention interrogatories.10 Identification interrogatories call for factual 7TEX. RESPONSE NO. In other words, if you fail to respond to a request for admission in thirty days, whatever the request asked you to admit is considered conclusively establish (unless the court allows you to withdraw or change the admission). For example, suppose you are involved in a car accident case because your brakes didnt work, and the other party asks you, What was the number of accidents caused by brake failure in the U.S. in the past five years? You should object, because you cannot be expected to look up this information. As a younger attorney, I learned from my senior partner that the more time and effort I put into a case, the better the results for my client. Who? The easiest way for a defense attorney to destroy a perfectly good case is to attack the plaintiffs credibility. When and for what? This brings up the next point. How to Answer Interrogatories Yes/No and if Yes Questions "Yes/No and if yes" interrogatories should be fairly obvious. A party cannot refuse to answer interrogatories on the ground that the information sought is solely within the knowledge of his or her attorney. Have you ever been in another car accident, even just a fender bender? An example of an impermissibly compound objection would be, "Name each person who was present at the accident, and for each person describe what he or she saw, give that person's address and work experience, and provide a history of the repairs that you have had done on the car.". You will answer Interrogatories in consultation with your lawyer. R. CIV. Some attorneys disagree on whether you need to include the words under oath in your statement. They ask a "Yes/No" question, with a follow-up question only if your answer to the first part is "yes." Examples of these are: Do you wear glasses, contact lenses, or hearing aids? They could also end up losing you the case. Rule 1.340(c) says: When the answer to interrogatories may be derived or ascertained from the records of the party to whom the interrogatory is directed or from an examination, audit, or inspection of the records or from a compilation, abstract, or summary based on the records and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party to whom it is directed, an answer to the interrogatory specifying the records from which the answer may be derived or ascertained and offering to give the party serving the interrogatory a reasonable opportunity to examine, audit, or inspect the records and to make copies, compilations, abstracts or summaries is a sufficient answer. For example, if the question asks, When did he do it? without any more specification, you need to object because you cannot be expect to know who he is or what it is. The top of the first page of your interrogatories must include the same caption that appears at the top of the first page of every document that has been filed with the court in your case. When we receive the Answers to the Interrogatories, we will review them for compliance and process accordingly. Interrogatories: Interrogatories must be answered under oath. Have you ever suffered numbness or tingling in your arms or legs? Have you ever consulted a neurologist? The defense attorney really wanted to know if our client had been drinking the day before the accident date, but the specific wording of the question was asking whether he had been drinking the day of the accident. If you are represented by an attorney, and the attorney provided language for any objections, then the attorney will also sign in support of those objections. RESPONSE NO. You may want to do some research at your local law library or consult with an attorney if you think you need to assert objections. Slipped in your bath tub? This will get you in trouble more often than not. Develop the tech skills you need for work and life. IDENTIFY ALL DOCUMENTS ASSOCIATED WITH EACH INTERROGATORY. The party served with interrogatories must answer or object to each question. The easiest way for a defense attorney to ruin your case is by showing that you failed to disclose prior injuries. Specifically, interrogatory responses are intended to be used at trial. [6] [7] This caption should look exactly the same as the caption on every other document. Remember that any facts you leave out of your interrogatory answers might not later be admitted in court. This might be risky the opposing attorney may file a motion to compel if your objections are not legally valid. In most states, the Rules of Civil Procedure will follow the same numbering structure as the Federal Rules of Civil Procedure. If they dont match, your opponent could raise an objection and delay the trial or prevent your witness from testifying. (NRCP 34; JCRCP 34. In the first way, you can be straightforward and tell the person in an assertive but mild tone that you would not be answering the question. ANSWER NO. This website doesnt cover every aspect of discovery. Your list of witnesses or exhibits at this time should match whatever information you previously provided in responses to interrogatories. For example, contest questions that are vague, ask multiple questions, or assume facts. It's complicated to know when to object. Be specific about who or what you are asking. A motion to compel discovery is used to get the other side to answer any of the discovery types mentioned above when they have refused to do so. In many jurisdictions (but not necessarily all), doing so may preserve your right to object at trial if your case goes that far. Basketball? Objections can be tricky and complicated! A party may serve on another party - no later than 30 days before the end of the discovery period -written interrogatories to inquire about any matter within the scope of discovery except matters covered by Rule 195. If you are representing yourself, there are several details and strategies you need to keep in mind when responding to interrogatories. This website is intended to provide general information, forms, and resources for people who are representing themselves in a Clark County court without a lawyer. 3: Please describe your automobile. In a civil law suit there are the interrogatories in the discovery process. FYI! All content Legal Aid Center of Southern Nevada 2023, Responding To The Other Side's Requests For Information, Pleading Stage: Filing A Complaint or Responding To A Complaint, Discovery Stage: Getting The Information You Need, Pre-Trial Stage: Filing And Opposing Motions, How to respond to requests for production of documents, How to respond to requests for admissions, Interrogatories, which are written questions about things that are relevant or important to the case. Your response will look something like this: INTERROGATORY NO. Have you ever tripped on anything and hurt yourself? ANSWER NO. So, its very important to go through a list of possible previous medical providers. . The original must be sent directly to the requesting attorney or self-represented party who sent the interrogatories. Interrogatories can be used to: Understanding the discovery process is critical to the success of a lawsuit. There may be limits on how many interrogatories are allowable in your jurisdiction. Interrogatories are written questions sent to someone involved in a legal matter. Now is the time to take action. Answers to interrogatories may be used only against the responding party. Have you ever suffered dizziness? Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Reviewing related documents will allow you to form answers that are complete and accurate. With nearly two decades of legal experience, he intimately understands Florida personal injury law and is dedicated to providing injured victims with the best possible legal representation. As you answer the questions, keep narrative ones concise, answer yes-or-no questions simply, and complete list questions as thoroughly as possible. Proc., rule 33 (b) (2), 28 U.S.C.) Have you ever been a member of Capital Health Plan? Written Questions ("Written Interrogatories") (The court rule about these is CR 33.) (NRCP 36(c); JCRCP 36(c).). 9. Interrogatories are written questions involving a legal matter. Florida Handbook on Civil Discovery Practice - Floridatls.org Our Jacksonville Office for Free Consultation, Award-winning and Experienced Attorneys Available 24/7. Have you ever been an emergency room? to drag the discovery process out as long as possible which might slow your progress and require you to spend additional time and effort countering your opponents stalling tactics. Here are some things to remember when preparing your responses to requests for production: REQUEST NO. You do not file your written answers with the court. You must retype each of the requests, and then follow each request with your response. Second, the party offering the documents must "specify the records from which the answer may be derived or ascertained and to afford the party serving the interrogatory reasonable opportunity to. Your answers to the interrogatories should usually be short, clear, and direct and should answer only the question that is being asked. You don't have to beat around the bush. If you object to the question, you and your attorney need to state the reasons for your objection. (NRCP 36(a); JCRCP 36(a).) An example of a standard list question might read, "List the names, business addresses, dates of employment, and rates of pay regarding all employers for whom you have worked over the past five years.". Secondly, only answer questions you must answer. If you cannot come to an agreement, you must still decide whether to answer some or all of the interrogatories, or move for a protective order under Wis. Stat. They can be used in various types of cases - most frequently family law and civil litigation cases. If you are uncertain about a particular question, consult with your attorney. Brevity is the master of wit. CCP 2030.010 (b). When and where? When and where did you treat? This might include: witness information, documents, versions of events, facts underlying their claims, and more. discovery of questions by plaintiff and answers by defendant. As a very useful discovery tool, interrogatories are coupled with depositions. How to Respond to Interrogatory Questions, https://www.federalrulesofcivilprocedure.org/frcp/title-v-disclosures-and-discovery/rule-33-interrogatories-to-parties/, http://www.civillawselfhelpcenter.org/self-help/lawsuits-for-money/discovery-stage-getting-the-information-you-need/245-responding-to-the-other-sides-request-for-information#how-to-answer-interrogatories, http://www.dicarlolaw.com/DiscoveryTechniques.html, http://www.saclaw.org/wp-content/uploads/sbs-discovery-responding-to-interrogatories.pdf, http://www.idonotwanttobeyourlawyer.com/how-to-answer-interrogatories/, https://www.avvo.com/legal-guides/ugc/the-four-ws-of-interrogatory-responses. Fla. R. Civ. If you do not answer an interrogatory question, and then the other side learns that you did in fact know the answer, it could have a negative impact on your case at trial. Original Rule 33 does not state the times at which parties may serve written interrogatories upon each other. Each party must answer the questions truthfully, in writing, and under oath. You need to send a copy of your responses to everyone involved in the case. Sample question #2: State the name, job title, and duties of all employees or contractors in charge of maintaining the floor where John Doe fell on October 24, 2019. The accident happened somewhere close to 12:01 A.M.. (Fed. Interrogatories are written questions one party sends to the other to be answered under oath. While this article will focus on spe cific objections, the procedure in responding to discovery is important. 1: I own a 1995 Chevy Camaro. Parties shall not recite a formulaic objection followed by an answer to the request. 2: What is the license plate number of your automobile? Interrogatories should not be served until the parties have initially conferred as required under Rule 26 of the Federal Rules. Not even a scraped knee? If you fail to complete and return the interrogatory by the deadline, the court could sanction you or take other legal action against you.