What is the point of interrogatories?
Asked by: Kiarra Gutkowski | Last update: April 13, 2025Score: 4.6/5 (37 votes)
Interrogatories are a discovery tool that the parties can use to have specific questions about a case answered before trial. Interrogatories are lists of questions sent to the other party that s/he must respond to in writing.
What is the purpose of written 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 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.
What if you don't answer interrogatories?
So what happens if you refuse, or simply fail, to respond to these discovery requests? If you don't respond within the time given, the opposing party may file a motion to compel your compliance with the court.
What is the purpose of form interrogatories?
Use Form Interrogatories when you want to gather information from the other side by having them answer questions from a list on a form, and swear under oath that the answers are true.
What Are Interrogatories?
Why do I have to answer interrogatories?
You have to respond to interrogatories in writing to the best of your ability. 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.
What is the goal of interrogatories?
Fact-Finding: Interrogatories help attorneys obtain critical information from the opposing party. For example, in a car accident case, the plaintiff's attorney might ask the defendant to describe their version of the incident, list any witnesses, or detail the injuries they claim to have suffered.
How to avoid answering interrogatories?
If you are unable to answer an interrogatory because it is too vague, ambiguous, or somehow objectionable, you can state an objection and the reason for your objection.
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 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.
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.
How do you answer a plaintiff's interrogatories?
They are provided for your information. There is no form for your answer, but you typically have to respond in a specified format, using paper with numbers down the left-hand side, with your name and address at the top left, the name of the court and of the case, and the case number.
Are interrogatories mandatory?
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 ...
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.
How do you object to interrogatories?
As the party resisting discovery by objecting to an interrogatory, you have the burden to explain why your objections are proper. To satisfy this burden, you should state your objection with specificity. This means giving specific facts, statutes, or judicial precedent supporting your position.
What happens if you refuse to answer interrogatories?
If you do not answer the questions by the deadline, which is usually about a month, the other side could ask the judge to order you to respond to the interrogatories. If you miss the second deadline, the judge could impose a fine against you or strike your pleadings.
Are interrogatories privileged?
A: In California, a privilege log is typically not required when responding to interrogatories, as opposed to requests for production of documents. This is because interrogatories seek information, not the production of privileged documents.
Can interrogatories be served with the complaint?
Interrogatories may, without leave of court, be served upon the plaintiff after filing of the complaint and upon any other party with or after service of the summons and complaint upon that party.
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.
Who signs the answers to the interrogatories?
(2) The answers are to be signed by the person making them, and the objections signed by the attorney making them. (3) The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories.
How important are interrogatories?
Interrogatories are often preferable to depositions for identi- fying such things as witnesses, documents, the dates and sub- stance of transactions and conversations,3 since a deponent may easily forget or overlook relevant information when an- swering such questions.
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.
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.”
Are interrogatories admissible evidence?
Whether to admit interrogatory answers is within the discretion of the trial court, just as with any other evidence, and a trial court's refusal to admit such evidence will only be reversed upon a showing of manifest abuse of that discretion.