Can you refuse to answer interrogatories?
Asked by: Aidan Treutel | Last update: May 25, 2025Score: 4.1/5 (75 votes)
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.
How to 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.
What happens if someone doesn't answer interrogatories?
If the opposing side does not respond to your form interrogatories, special interrogatories, or request for production, you may file a motion seeking an order compelling the opposing party to respond.
Do I have to answer an interrogatory?
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 if you refuse to answer a question in court?
When individuals refuse to answer deposition questions, courts may hold them in contempt. Contempt charges occur if a refusal disrupts the legal process or disobeys a court order.
What Do I Have to Answer Interrogatory Questions?
Can a judge force you to answer a question?
It is a good idea to talk to a lawyer before agreeing to answer questions. In general, only a judge can order you to answer questions.
What happens if a defendant refuses to speak?
Refusal to testify or answer all or any questions on the basis of right against self-incrimination cannot be used against such person in any way or be used as evidence of guilt.
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 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.
What is the point of interrogatories?
Usually, lawyers use interrogatories to obtain detailed information about persons, corporations, facts, witnesses, and identity and locations of records and documents. Court rules usually limit the number of questions included in an interrogatory.
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.
What consequences can result from a refusal to cooperate with an order compelling discovery?
Failure of United States to Participate in Good Faith in Discovery. Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.
What happens after you answer interrogatories?
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.
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 are the disadvantages of interrogatories?
Interrogatories can be quicker, less costly, and less complicated than depositions, but there are downsides. Since the questions are written, the witness may have more time to think and craft answers, rather than providing more candid answers during discovery.
How do you answer an interrogatory you don't know the answer to?
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.
Can you ignore interrogatories?
Since they can be so overwhelming, you may desire to simply ignore the interrogatories, which you are served. However, this is not an option. You must respond to these interrogatories by a specific date or else the opposing side can request that the judge order you to do so.
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.”
Are you required to answer interrogatories?
In California, you have 30 days to respond to an interrogatory. If you do not respond within this time, the opposing side can file a motion to compel with the court. The court may require them to first consult with you about your failure to respond before officially filing a motion to compel.
What happens if you don't respond to interrogatories within 30 days?
If you do not mail your answers back within thirty days, the court could sanction you. Make sure you keep a copy of your answers for your records.
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.
Can you amend answers to interrogatories?
2030.310. (a) Without leave of court, a party may serve an amended answer to any interrogatory that contains information subsequently discovered, inadvertently omitted, or mistakenly stated in the initial interrogatory.
What happens if you refuse to say anything in court?
If you avoid this, you could be held in contempt and face incarceration, fines, or fees. To ensure your rights and interests is in good hands throughout a court proceeding, you may want to reach out to a lawyer who has experience in the courtroom.
Can silence be used against you in court?
Salinas v.
The Supreme Court held that a suspect's silence in the face of police questioning could be used against him at trial because he did not explain why he was remaining silent.
What happens if a witness doesn't show up to a preliminary hearing?
A witness must be personally served with a subpoena for it to be considered valid under California law. If a witness doesn't appear in court after being personally served with a subpoena, they could be arrested for contempt of court.