Are interrogatories mandatory?
Asked by: Ella Wilderman | Last update: January 21, 2026Score: 4.2/5 (41 votes)
In its most basic sense, an interrogatory is a set of written questions sent by one party to another during the discovery phase of a lawsuit. The party receiving the interrogatories is required by law to answer them truthfully and completely, under oath.
Can you refuse to answer an interrogatory?
Some people ignore interrogatories instead of answering them, but that could be a huge mistake. You must answer the questions or file objections to certain questions or the entire set of interrogatories.
Are interrogatories necessary?
Interrogatories are a crucial part of the discovery process in legal proceedings.
In what circumstances might one opt to use interrogatories?
Attorneys may also use interrogatories to clarify disputed issues in the divorce. For instance, if one party claimed that their spouse committed adultery or other marital misconduct, an interrogatory might ask that party to describe all evidence they have to support that claim.
How do I deny interrogatories?
You need to be clear in your objections or risk waving them. Federal Rule 33(b)(4) emphasizes that the “grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.”
What Do I Have to Answer Interrogatory Questions?
Does a defendant have to answer interrogatories?
Rule 33 (b), Federal Rules of Civil Procedure , requires the respondent to answer an interrogatory separately and fully in writing and under oath, unless the respondent objects, in which event the party objecting shall state with specificity the reasons for objection and shall answer to the extent the interrogatory is ...
What happens if a party does not respond to interrogatories?
If the other person does not respond, or their response is still incomplete, you can ask the court to order them to respond. You have 45 days from the service of the most recent responses to ask the court to make an order requiring an answer.
What can you not ask in interrogatories?
Interrogatories are lists of questions sent to the other party that s/he must respond to in writing. You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion.
Can you object to interrogatories?
You have 30 days after the form or special interrogatories were served to you (35 days if served by mail from within California) to serve your responses to the interrogatories. Sometimes, rather than answering the interrogatory, you may wish to object to the request on legal grounds.
What happens after interrogatories are answered?
What Happens Once You Receive an Interrogatory? All of the questions must be responded to in writing and it must be done under oath. Often, once you answer the questions, the other side will use the answers to gather more information.
How do you respond to interrogatories?
Your answers to the interrogatories should usually be short, clear, and direct and should answer only the question that is being asked. This is not the time to set out your entire case or defense to the other side. Take the time to make sure your answers are correct and truthful.
What is an advantage to using interrogatories?
Interrogatories are generally less expensive than depositions because they don't require court reporter fees, transcript costs, or attorney time in traveling to and from the deposition.
Are interrogatories hearsay?
Answering Each Interrogatory
They can be used at the summary judgment stage, in pretrial motions and hearings, and/or at trial. Answers to interrogatories are signed under oath, and are not considered hearsay, because they constitute a statement by the party opponent.
What happens if you lie on interrogatories?
The Dangers of Lying on Interrogatories
When the truth is discovered, the judge may impose a fine, assign additional litigation costs, or dismiss the case entirely if it was brought by the party who provided false information.
Can you decline an interrogation?
You have the right to say that you do not want to be interviewed, to have an attorney present, to set the time and place for the interview, to find out the questions they will ask beforehand, and to answer only the questions you feel comfortable answering.
What if you don t know the answer to an interrogatory?
If you are unable to answer a specific question because you don't know or don't have access to the appropriate information, you must indicate the reasons. You may refer to a previous response when responding to an interrogatory providing the previous response sufficiently answers the later interrogatory.
How do you avoid answering interrogatories?
However, you can object to interrogatories that call for legal conclusions. You can also object to questions if they are not at all related to the court case. To object, you need to write out the reasons for the objection instead of answering the question.
Can interrogatories be used as evidence?
Interrogatories and depositions allow attorneys to gather information and question potential witnesses. They both result in documents that can be introduced as evidence and to impeach witnesses during trial.
Who may interrogatories be asked to?
Interrogatories are a discovery device used by a party, usually a Defendant, to enable the individual to learn the facts that are the basis for, or support, a pleading with which he or she has been served by the opposing party.
What are the two types of interrogatories?
Interrogatories allow the parties to ask who, what, when, where and why questions, making them a good method for obtaining new information in a case. There are two types of interrogatories: form interrogatories and special interrogatories.
What is an insufficient answer to interrogatories?
(a) Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits. (b) If an interrogatory cannot be answered completely, it shall be answered to the extent possible.
Are interrogatories public record?
However, the U.S. Supreme Court ruled in Seattle Times Co. v. Rhinehart that “pretrial depositions and interrogatories are not public components of a civil trial. Such proceedings were not open to the public at common law, and, in general, they are conducted in private as a matter of modern practice.”
What consequences can result from a refusal to cooperate with an order compelling discovery?
(b) Failure to Comply with a Court Order. (1) Sanctions Sought in the District Where the Deposition Is Taken. If the court where the discovery is taken orders a deponent to be sworn or to answer a question and the deponent fails to obey, the failure may be treated as contempt of court.
What happens after interrogatories?
Interrogatories are a collection of written questions you can send to the opposing party in a lawsuit. The other party must then respond in writing while under oath.
Can interrogatories be served before an answer?
An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been ...