What are interrogatories in Civil Procedure?
Asked by: Kaitlin Braun | Last update: June 13, 2026Score: 4.5/5 (40 votes)
In civil procedure, interrogatories are written questions sent from one party in a lawsuit to another, as part of the discovery process, to uncover facts, identify witnesses/documents, and understand the opponent's case, with answers required in writing, under oath, and within a set timeframe, often limited in number (e.g., 25 in federal courts). They help narrow issues for trial, potentially leading to admissions and simplifying the legal process.
What is the purpose of interrogatories?
The purpose of interrogatories is to gather factual information, identify evidence, and clarify the opposing party's legal arguments during the discovery phase of a lawsuit, serving as a cost-effective way to narrow issues, discover key details like witness names and documents, and prepare for trial by getting sworn, written answers to specific questions. They help uncover facts, identify relevant documents and witnesses, learn the opponent's position, and can be used as evidence later in court.
What are interrogatories in CPC?
Interrogatories are covered under Section 30 and Order XI Rule 1 to 11, 21 and 22 of the Code of Civil Procedure, 1908. Interrogatories are a set of questions that either party can ask the other party through courts permission to get clarity on some facts stated in the Plaint or the Written Statement.
What questions can be asked in interrogatories?
Interrogatories are written questions sent by one party in a lawsuit to another party in that same suit, which the responding party must answer under penalty of perjury. Interrogatories allow the parties to ask who, what, when, where and why questions, making them a good method for obtaining new information.
What happens after 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 are Interrogatories? (Civil Procedure)
What are the disadvantages of interrogatories?
Disadvantages of Interrogatories
Written responses to interrogatories may lack the spontaneity found in live testimony, leading to less candid answers. There is also a risk that answers can be evasive, as parties might take the opportunity to avoid direct responses.
Can I refuse to answer interrogatories?
No, you generally cannot outright refuse to answer interrogatories; you must respond in writing, but you can raise specific, legally valid objections to certain questions (like relevance, burden, privilege, or harassment) instead of answering, which requires you to state your objection and its basis, leading to potential court review if the other side disputes the objection. Ignoring them entirely risks severe penalties like fines, sanctions, or even losing your case, so a formal objection is the proper way to refuse a specific 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.
How long does it take to answer interrogatories?
You have 30 days to respond to Form Interrogatories. If you were served by mail, you typically have 35 days from the date of mailing to respond. In eviction (unlawful detainer) cases the time is much shorter. In eviction cases you have 5 days to respond, or typically 10 days from the date of mailing if served by mail.
What is an advantage to using interrogatories?
The answers might help the attorney asking the question decide to investigate further, or help establish the strengths and weaknesses in each side's case. Interrogatories are often used to gather evidence in support of one party's position (or to damage the other spouse's argument).
How do I 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 are common objections to interrogatories?
Generally, interrogatories are objectionable if they seek information not within the scope of discovery defined in Maryland Rule 402 or Federal Rule 26(b). These are typically requests that are not relevant, unduly burdensome, broad, vague, or privileged. or protected by the work product doctrine.
Do cases usually settle after discovery?
Yes, the vast majority of civil lawsuits, often 90% or more, settle after or during the discovery phase because it's when both sides gain a clear understanding of the case's strengths and weaknesses, making settlement negotiations more realistic and avoiding costly, uncertain trials. Strong evidence uncovered during discovery (like depositions and documents) pushes strong cases toward settlement, while weak evidence can lead to dismissal or a trial, but most still resolve before reaching the courtroom.
What if someone doesn't answer 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 is the biggest mistake during a divorce?
The biggest mistake during a divorce is letting emotions drive major decisions, leading to poor financial choices, using children as pawns, or getting sidetracked by minor issues, which can cost you significantly long-term; other key errors include failing to get a lawyer, not understanding finances, and making rash decisions like draining joint accounts or resuming intimacy. Staying rational, focusing on your future, and getting professional financial and legal advice are crucial to avoid these pitfalls.
What comes after interrogatories?
There are four main types of discovery requests: (1) depositions; (2) interrogatories; (3) requests for admissions; and (4) requests for the production of documents.
What happens if you lie on interrogatories?
Similar to testifying in court, the answers are given under oath, and a party can be penalized for lying or “perjuring” themselves. Penalties can be civil or criminal.
What are the two types of interrogatories?
Form and Special Interrogatories Are A Useful Tool for Forcing the Other Party to Set Forth Their Contentions and the Evidence They Claim Supports Them In Family Law and Divorce Litigation. There are two types of interrogatories that are useful in family law litigation: Form and special interrogatories.
What are the limitations of interrogatories?
(a) Limitation on Interrogatories. (1) Any party may serve upon any other party no more than 25 written interrogatories. The 25 permissible interrogatories may not be expanded by the creative use of subparts.
What happens if you get sued and just ignore it?
Consequences of Ignoring a Lawsuit Once a default judgment is entered, it becomes legally enforceable. That means the plaintiff can start collecting money from you using legal tools such as garnishing your wages, seizing funds from your bank accounts, or placing a lien on your property.
Can you go to jail for not answering subpoena?
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.
Are civil cases easier to win?
Yes, civil cases are generally considered "easier" to win than criminal cases because they have a much lower burden of proof, requiring only a "preponderance of the evidence" (more likely than not, or 51%) compared to the "beyond a reasonable doubt" standard in criminal law, meaning less certainty is needed to win. However, "easier" is relative; civil cases still demand strong evidence and preparation, with success rates varying significantly by case type (e.g., car accidents are higher than medical malpractice).
What happens to 90% of court cases?
According to the Department of Justice's Bureau of Justice Assistance, "The overwhelming majority (90 to 95 percent) of cases result in plea bargaining."