When necessary, go through your records to answer list questions as thoroughly as possible. ORDER TO ATTEMPT TO NARROW THE QUESTION OR AVOID THE OBJECTIONABLE PORTION OR ASPECT. You hire an attorney to represent you; the attorney will advise you on how best to answer the interrogatories. It could even result in you losing the case. Promotions, new products and sales. Interrogatories are written questions that either the defense or the plaintiff involved in litigation can send to the opposing attorney (assuming the case is being handled by an attorney). In a civil law suit there are the interrogatories in the discovery process. You simply mail the original back to the other side. Motions. Have you ever been to Tallahassee Memorial Hospital? Click to visit Lawyers and Legal Help or Researching the Law. ANSWER NO. I always ask the following questions, which are designed to jog your memory: Then, if you are from Tallahassee or close to it, I ask about specific local facilities in the Tallahassee area: Remember to keep your answers brief. When a party to a civil case needs to get information from the other side, she can serve the other side with written requests called discovery requests. These requests might include: If you have received discovery requests (which would probably come in the mail), you have thirty days to mail your written responses back to the other side. 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. If you're representing yourself, you'll need to do some research to make sure your questions are within the bounds of the law and get to the heart of the facts you need to prove your claims or defenses. Answer to Interrogs - DEFENDANT. The opposing attorney must then prepare answers or objections to the interrogatories within thirty days. I do not believe that the responses I have received represent a good faith effort to provide discovery. Moreover, if the information you omit is revealed during the trial, the validity of your testimony could be called into question. I object to the remainder of the question as it requests information that is overly broad, irrelevant to this case, and calls for additional factual research. One word answers are the best. Federal Rules of Civil Procedure, Rule Number 33, allows 25 questions, including all discrete subparts. This means that you can break a multiple part question into its parts and count each part. RESPONSE NO. If you believe the number of interrogatories unreasonably exceeds the numerical limit, contact opposing counsel to reach an agreement on the matter. Answers to interrogatories may be used only against the responding party. 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. The person being questioned (the "deponent") must answer under oath, and the answers are recorded for later use at trial. Be sure to sign your responses. If you're not armed with the legal knowledge to resolve disputes, you may never get adequate responses by your opponent. You could use statements like I do not mean to be rude, but I'd rather not answer this question. This can include things such as: your educational background your work history, compensation amounts all your forms of income or assets that you have received There may be limits on how many interrogatories are allowable in your jurisdiction. You may want to do some research at your local law library or consult with an attorney if you think you need to assert an objection. Specifically, interrogatory responses are intended to be used at trial. You must explain why you . Be specific about who or what you are asking. 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. Federal Rule of Civil Procedure 34(b)(2)(C) specifically requires an objection to state whether any . It's complicated to know when to object. You must then answer to the extent the interrogatory is not objectionable. A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney. Arizona actually has a standard set of sample interrogatories that can be used . For example, if you are in a contract dispute case regarding a specific purchase, and you are given an interrogatory that says, Please identify your annual income for the past three years and provide copies of tax returns, this would be objectionable. Additionally, you may want to prepare your own set of interrogatories to discover important information from your opponent to help you at trial. R. CIV. A shorter or longer time for responding may be stipulated to under Rule 29 or be ordered by the court. If you can only remember the month and year, then say so. If the judge finds in your favor, the judge may issue an order incarcerating the . It is the duty of the attorney directing interrogatories to restrict them to the subject matter of the case, avoid undue detail, and avoid the imposition of un-necessary burden or expense on the answering party. In civil litigation, the general rule is that you must object within the time allowed for providing answers to interrogatories. You must mail the original verification page with the interrogatories back to the other side. ANSWER NO. REQUEST NO. You can download a form to help you prepare your Responses to Request for Production of Documents by clicking one of the formats underneath the forms title below: JUSTICE COURT RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTSPDF Fillable, DISTRICT COURT RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTSWord Fillable. CCP 2030.010 (b). Instructions. Have you ever tripped on anything and hurt yourself? This article was co-authored by Clinton M. Sandvick, JD, PhD. Brief Overview of Discovery in Civil and Family Court Cases An additional three days are allowed for response to interrogatories served by mail. Have you ever consulted a neurologist? Basketball? If you have received interrogatories, you have thirty days to prepare your written answers (unless the court has ordered something else). 3: I admit that I received a traffic citation on January 31, 2014. This website was designed and is maintained by Legal Aid Center of Southern Nevada, Inc., a private, nonprofit, 501(c) (3) organization that operates the Civil Law Self-Help Center through a contract with Clark County, Nevada. For a corporation, this . If there's a factual dispute where the issuing party "knows" the answer, the answering party can't challenge it. TIP! Only answer exactly what is asked. Click to visit Lawyers and Legal Help or Researching the Law. If you are not represented by an attorney, then call the other party (or his or her attorney) directly and discuss an extension. Always read the questions carefully, and answer only the question that is asked. Last Updated: March 1, 2020 2: What is the license plate number of your automobile? Have you ever broken a bone? 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. : Identify all documents relating to maintenance or cleaning of the floor where John Doe fell, from October 1, 2019 to October 24, 2019. when asking your questions. If you receive both, they will need Ive seen this rule play out in thousands of cases and believe it to be 100% true. Each answer is numbered like the interrogatory, and are answered in the same order. Provide brief answers that address all of the points raised in the question while mentioning little else. Your name and address goes at the top of the form. There are several ways to use interrogatories to your advantage in your case. Here are some things to remember when preparing your answers to interrogatories: INTERROGATORY NO. Doctor of Law, University of Wisconsin-Madison. Open the sample via the full-fledged web-based editor. COMPLAINANT'S INTERROGATORIES 1. Have you ever been in an accident when somebody else was driving? Plaintiff argues that by answering the written interrogatories posed by plaintiff, has waived his privilege. If you object to the question, you and your attorney need to state the reasons for your objection. Directly to your inbox. If you tell the truth, to the best of your ability, you have nothing to worry about. When and where did you treat? When the defense asks about prior injuries, cite Rule 1.340(c), quote it, and refer the defense to the plaintiffs prior medical records. (NRCP 34(a); JCRCP 34(a).). Ever been injured on the job? 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.". Hiding documents and information will hurt you in the long run and could get you sanctioned by the court. The added second sentence in the first paragraph of Rule 33 conforms with a similar change in Rule 26(a) and will avoid litigation as to when the interrogatories may be served. When and where were you treated? Have you ever been hospitalized? The attorney has not properly addressed the questions with the client. An improperly formatted set of interrogatories could give your opponent grounds for an objection and slow down the discovery process. If you are representing yourself, there are several details and strategies you need to keep in mind when responding to interrogatories. Attorneys seeking practical litigation experience will also benefit from the discussion of interrogatories in this article. Not only that, parties are limited to 30 questions, including subparts. To learn how to respond to discovery requests you have received, click to jump down to one of these sections:How to answer interrogatoriesHow to respond to requests for production of documentsHow to respond to requests for admissions. You must retype each of the requests, and then follow each request with your response. When you get them, look them over immediately since you only have 30 days to respond. In legal terms, interrogatories are formal written requests in the form of questions issued by a party in a lawsuit to another party. Equally as important, dont give answers to questions where the information can be derived from another source. Interrogatories are written questions one party sends to the other to be answered under oath. choosing a selection results in a full page refresh. ANSWER NO. How to Answer Interrogatories Yes/No and if Yes Questions "Yes/No and if yes" interrogatories should be fairly obvious. FYI! How Social Media Can Impact Your Personal Injury Claim. Have you ever seen a chiropractor? He said she changed her story. What Is the Car Accident Mediation Process in Florida? Requests for production are written demands, usually requiring the other side to produce copies of documents he possesses or can readily obtain. IL Supreme Court R. 213(d). Federal Rule 33 (b) (4) emphasizes that the "grounds for objecting to an interrogatory must be stated with specificity. If you have a valid reason for being unable to meet the deadline, speak to your attorney about the possibility of requesting an extension. 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. An answer to an interrogatory inquiring about matters described in Rule 194.2(c) and (d) that has been amended or . You may need to talk to a lawyer about the requests you received or do some legal research especially if your case is complex! 1: What is the year, make, and model of your automobile? Answer the questions in writing. Have you ever had a primary care doctor? Suing someone or being sued is not the time to hide the ball or try to trick the other side by not giving them all the information you have. Accuracy is important because, pursuant to Rule 33(a), SCRCP, these answers are verified by the client under oath and, under Rule 801(d)(2), SCRE, are admissions of a party opponent. to the best of your knowledge without volunteering information not requested. We use cookies to make wikiHow great. So, its very important to go through a list of possible previous medical providers. Pay very careful attention to the specific words of the questions. obtain their testimony under oath to discredit (impeach) their testimony if they change their story at trial; if a party is unavailable to testify at trial due to death or illness (often especially important with sick or elderly witnesses); and. Put our 30 years of experience to work for the benefit of your case. If youve been served with a set of interrogatories, you must respond within the time limit provided by your states laws or rules so you don't face a motion by your opponent or monetary sanctions for failing to respond. This article has been viewed 72,988 times. For example: If you are unable to respond to a request because it is too vague, ambiguous, or somehow objectionable, you can object to the request and state the reason why. This motion is filed with the court. Have you ever been in another car accident, even just a fender bender? When and where did you treat? (NRCP 36; JCRCP 36.). ), here are three common ways that parties might respond to written interrogatories, four if you count asking for an extension to respond. (NRCP 34; JCRCP 34. As long as your answers really are true, you should probably include the under oath language. the answer may be derived or ascertained," it must first meet two prerequisitesthe answer to the interrogatory must be able to "be derived or ascertained from the records of the party . Answer each question, being careful to answer each subpart, if one exists. Of course, you have to discuss your prior medical facility information thoroughly with your attorney. Code of Civil Procedure section 2030.290 provides that if responses to interrogatories are not timely, all objec tions are waived, including the work product protection. 1: I own a 1995 Chevy Camaro. Running? If you leave a medical facility out of your answer, this could negatively affect your credibility and subject you to impeachment upon cross-examination. Take the time to make sure your responses are correct and truthful. REQUEST NO. (NRCP 36(a); JCRCP 36(a).) Well, the defense attorney found out, and he made a very big deal out of it at trial. Interrogatories are written questions sent to someone involved in a legal matter. They could also end up losing you the case. By using our site, you agree to our. If the client seems mistaken or confused regarding their key role in the preparation of their discovery responses, they need to be immediately corrected and steered back on course, i.e., you completing the interrogatory responses for the client would be the same as the client . On the other hand, suppose you are asked, How many times have you had your brakes serviced since you purchased the car? This is a reasonable interrogatory. Who? If you are represented by an attorney, he or she will guide you through the process. Have you ever had to make an insurance claim for damage to your vehicle? Either party may serve interrogatories on any other party in the case. 9. Have you ever been an emergency room? The receiving party must respond in writing to the interrogatories and may assert any applicable objections; Responses to interrogatories must be truthful and complete (and are made under oath); and. However, the code makes it clear that the requirements in responding to Requests for Admissions are higher. An answer shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party interrogated, the records from which the answer may be derived or ascertained, or shall identify a person or persons who will be available to assist the interrogating party in locating and identifying the records at the time they are produced. (4) Answer. This argument is without merit and the court does not believe these answers to the interrogatories constitute a general waiver of the Fifth Amendment privilege, except to the extent and scope to which the answers therein contained may be . If your answer is "no," all you need to do is write "no." Debtor's interrogatories may be used to summons the judgment debtor to appear in court for purposes of answering questions under oath about his/her finances, employment and property. Again, I ask my clients detailed questions: These questions are designed to jog the clients memory. When and where? Form InterrogatoriesUnlawful Detainer (DISC-003) Tell the other side to answer common questions arising from unlawful detainer (eviction) cases.