There should be only three goals in answering interrogatories: accurate, complete, minimal. Have you ever been a Patients Fiirst or other walk-in clinic? Click to visit Lawyers and Legal Help or Researching the Law. He said she changed her story. For example, a question that says, Identify each person who was present at the accident scene and describe what each person did immediately following the accident, is really two questions: (1) Identify each person and (2) Describe what each person did following the accident. Fasig | Brooks can put your mind at ease by helping you with all aspects of the process. interrogatories upon the party to whom they are directed, the party shall serve a sworn answer or an objection to each interrogatory, with proof of service upon all other parties entitled to notice. (NRCP 34; JCRCP 34. Read each question very carefully. Interrogatories can be used to: Understanding the discovery process is critical to the success of a lawsuit. 1: Please produce a copy of your proof of insurance effective January 31, 2014. The video-driven litigation tutorial dives deep into the discovery process and can help attorneys (representing a client) and parties who are representing themselves in a lawsuit gather the evidence they need to prevail at trial. If you think you need to object, talk to a lawyer. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. You will be signing them under penalty of perjury. There are several requirements before someone can file a motion. Ever been treated for carpal tunnel syndrome? A shorter or longer time for responding may be stipulated to under Rule 29 or be ordered by the court. Interrogatories are most useful as a means to obtain basic information such as witness names; the facts underlying a vague or indefinite statement in a pleading; or to ask simple, unambiguous questions. State the name, address, and business telephone number of each . In the practice of law, interrogatories are the most commonly method used in discovery, or in the effort to obtain information from an opposing party to a lawsuit. A party may serve on another party - no later than 30 days before the end of the discovery period -written interrogatories to inquire about any matter within the scope of discovery except matters covered by Rule 195. CCP 2030.010 (b). Interrogatories can be used to: Lock in your opponent's (or witness') version of facts obtain their testimony under oath to discredit (impeach) their testimony if they change their story at trial; 9. Written Interrogatories. The Federal Rules will apply if your case is in Federal Court. You may receive one or both types of interrogatories in your case. (Fed. Again, I ask my clients detailed questions: These questions are designed to jog the clients memory. You must retype each of the requests, and then follow each request with your response. Rule 197 - Interrogatories to Parties 197.1 Interrogatories. Answer the questions in writing. Biking? Ever been to Capital Health Plans Urgent Care Facility? You may need to talk to a lawyer about the requests you received or do some legal research especially if your case is complex! "Agreement" means a contract, arrangement, or understanding, formal or informal, oral or written, between two or more persons. This might be risky the opposing attorney may file a motion to compel if your objections are not legally valid. As a very useful discovery tool, interrogatories are coupled with depositions. This brings up the next point. This website doesnt cover every aspect of discovery. Have you ever been hospitalized? For instance, if the defense asks, Have you ever been convicted of a felony? If the client has a felony conviction, the answer is, Yes. There is no need to say, I have three convictions for aggravated battery. Thats not what the question asked. Just the opposite, it is the time for both sides to lay their cards on the table. You must explain why you . Most attorneys will be reasonable about discovery, if you act reasonably as well. It also doesnt talk about depositions or what you might need to do if youve received a notice requiring you to appear for one. You must mail the original verification page with the interrogatories back to the other side. Your income probably has nothing to do with the contract in question. If you are representing yourself in a lawsuit, sending out interrogatories can help you gather facts for your case. Your response will look something like this: INTERROGATORY NO. Have you ever slipped and fell at home? When we receive the Answers to the Interrogatories, we will review them for compliance and process accordingly. Well, the defense attorney found out, and he made a very big deal out of it at trial. Interrogatories: Interrogatories must be answered under oath. Your responses must be truthful, complete, and returned in a timely manner. Jimmy Fasigis the managing partner of Fasig Brooks and has won numerous million and multimillion-dollar recoveries on behalf of clients. PLAINTIFF'S NOTICE OF SERVING ANSWERS TO DEFENDANT'S INTERROGATORIES. Objections can be tricky and complicated! As you answer the questions, keep narrative ones concise, answer yes-or-no questions simply, and complete list questions as thoroughly as possible. Legible handwritten replies may also be sent but are not preferred. What about when somebody else was driving? If they dont match, your opponent could raise an objection and delay the trial or prevent your witness from testifying. In the final preparation stage for trial, there will be a time for each party to provide a full list of witnesses and exhibits that are going to be used at the trial. 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. 1: A copy of my proof of insurance from Farmers Insurance effective January 1, 2014, is attached to these responses. How Social Media Can Impact Your Personal Injury Claim. I do not believe that the responses I have received represent a good faith effort to provide discovery. You don't have to beat around the bush. ANSWER NO. If you have to qualify an answer or deny only a part, you must specify the part that is true and deny the rest. They are weapons the defense can use against the plaintiff, but they are not going to help us in the least. [6] [7] This caption should look exactly the same as the caption on every other document. In many jurisdictions (but not necessarily all), doing so may preserve your right to object at trial if your case goes that far. 2d 108 (Fla. 1970), citing Hickman v. Create your caption. Unlike depositions, interrogatories cannot be served on nonparty witnesses involved in the lawsuit. You will answer Interrogatories in consultation with your lawyer. Even if it means that you may have to estimate or look through car repair receipts, you should answer it. 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. and the burden of deriving or ascertaining the answer [must be] substantially the same for the party (NRCP 36(a); JCRCP 36(a).) Attorneys seeking practical litigation experience will also benefit from the discussion of interrogatories in this article. Trial Transcripts. Original Rule 33 does not state the times at which parties may serve written interrogatories upon each other. Make sure you keep a copy of your answers for your records. Here are some things to remember when preparing your answers to interrogatories: You must retype each of the interrogatories, and then follow each interrogatory with your answer. Click to visit Lawyers and Legal Help or Researching the Law. You could use statements like I do not mean to be rude, but I'd rather not answer this question. 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. Very rarely should an interrogatory answer be more than one sentence, and even then the sentences should be as short as possible. Now is the time to take action. When necessary, go through your records to answer list questions as thoroughly as possible. With nearly two decades of legal experience, he intimately understands Florida personal injury law and is dedicated to providing injured victims with the best possible legal representation. Ever been in a vehicle accident where there was no damage to the vehicles? An example of a narrative question could be something like, "Describe in detail the actions you performed leading up to the accident mentioned in the complaint, including the known results of each action.". 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. For eviction prevention tips, click here. 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. First of all, we diffuse the power of the interrogatories answers in our answer to one of the first questions. The information on this website is NOT a substitute for legal advice. Ive seen this rule play out in thousands of cases and believe it to be 100% true. If you do not mail your responses back within thirty days, the court could sanction you. When and where did you treat? 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. A default judgment means the plaintiff wins the case because you did not follow the rules. Have you ever been a member of Capital Health Plan? When and where did you treat? 3: I object that this interrogatory is vague. 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. They can be used in various types of cases - most frequently family law and civil litigation cases. If your answer is "yes," you will need to answer the second part of the question with information that is both thorough and accurate. If Federal Rule Number 33 covers interrogatories, then in your state courts rules it will probably also be Rule Number 33. 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. 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 . I have witnessed many young personal injury attorneys who dont understand the basic purpose behind interrogatories. The easiest way for a defense attorney to ruin your case is by showing that you failed to disclose prior injuries. If so, state the nature of the condition, the type of treatment, the date you began treatment, and the physician in charge of your treatment.". If the interrogatories are served by mail or fax before 5: . If there's a factual dispute where the issuing party "knows" the answer, the answering party can't challenge it. If you are representing yourself ("pro se" or "pro per") in a lawsuit, your opponent will likely serve you with a set of interrogatories requiring that you prepare responses and assert any applicable objections. This will get you in trouble more often than not. You must answer each interrogatory separately and fully in writing under oath, unless you believe there is a legal reason not to answer it (if you object to it). Litigants should avoid overly broad questions, questions addressed in other parts of discovery, or questions with answers available from other resources. Take the time to make sure your responses are correct and truthful. So, for instance, a party could send the First Set of Interrogatories that contains ten initial questions, and then after reviewing the answers to those questions, submit a Second Set of Interrogatories with fifteen additional, more specific questions. Have you ever had a sports injury? If you do not mail your answers back within thirty days, the court could sanction you. Words like "you," "himself," and "others" can mean more than one thing. ), Requests for admissions, which are written requests that ask the other side to admit or deny certain facts about the case. If you have an attorney representing you, then you probably will not need to worry about this step. When and where? When and where were you treated? 2: Please admit that the traffic citation you received on January 31, 2014, was for failure to yield. Although written interrogatories do have some drawbacks, they can still provide crucial information, including key facts, positions, and identification of witnesses and documents. However, the code makes it clear that the requirements in responding to Requests for Admissions are higher. 2: What is the license plate number of your automobile? Hurt yourself in your yard? 2. RESPONSE NO. Hiding documents and information will hurt you in the long run and could get you sanctioned by the court. We once had a situation where the defense attorney asked whether our client had been drinking on the date of the accident. No "not applicable" or partial answers for you! Answers to interrogatories may be used only against the responding party. 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. IL Supreme Court R. 213(b). The rule on this may differ from state to state as well. This article has been viewed 72,988 times. Secondly, only answer questions you must answer. A deponent may also refuse to answer if his attorney moves to limit or terminate the deposition . 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 In the first way, you can be straightforward and tell the person in an assertive but mild tone that you would not be answering the question. Always read the questions carefully, and answer only the question that is asked. If the judge finds in your favor, the judge may issue an order incarcerating the . Identify all persons answering or supplying information used in answering these Interrogatories. You must then respond to the extent the request is not objectionable. Do not make a habit or practice of sending interrogatory responses without verifications. of perjury. Brevity is the master of wit. You simply serve an amended response that complies with the California Rules of Court and the Code of Civil Procedure sections applicable to interrogatories. They could also end up losing you the case. Answering Requests for Admissions is very similar to answering interrogatories-you have an obligation to respond in good faith and you have to be careful about your garbage objections. that may not get helpful or useful testimony and overly broad questions that are objectionable (but sometimes you may need a very narrow or broad question!). Have you ever consulted a neurologist? (NRCP 33; JCRCP 33), Requests for production of documents or things, which are written requests that demand the other side provide particular documents or items. "Any" means one or more. In civil litigation, the general rule is that you must object within the time allowed for providing answers to interrogatories. Not even a scraped knee? Specifically, interrogatory responses are intended to be used at trial. Directly to your inbox. . You will be signing them under penalty of perjury. It is better to write, "There was nothing I could do to prevent it or even simply I dont know what else could have been done.. If a requests asks to inspect a certain item, thing, or place (and you do not intend to object and the request is otherwise acceptable), simply say something like, Inspection and related activities will be permitted as requested., If you do not have the document being requested, simply say something like, I do not have any such document in my possession, custody, or control.. 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). By signing up you are agreeing to receive emails according to our privacy policy. They could also end up losing you the case. If you are not represented by an attorney, then call the other party (or his or her attorney) directly and discuss an extension. Discovery. Provide brief answers that address all of the points raised in the question while mentioning little else. If the defendants was to answer the discovery questions , it would exposes criminal activities on the part of the defendants,so they have exceeded the given thirty days and now into week 7 with no response to my questions because in answering it would be . When you get them, look them over immediately since you only have 30 days to respond. The original must be sent directly to the requesting attorney or self-represented party who sent the interrogatories. "Base materials" means acrylic or any similar substance used in connection with prefabricated artificial teeth to make dentures. . Thats why I tell this story about my former client in detail to clients when answering interrogatories. When and for what? It could even result in you losing the case. P. 1.340. When and where did you treat? Have you ever injured either of your legs? 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. Additionally, you may want to prepare your own set of interrogatories to discover important information from your opponent to help you at trial. And the answer is yes. Interrogatories must be reasonably calculated to lead to admissible evidence. The service will reduce your time and effort in creating legal paperwork while ensuring security. Click to visit Lawyers and Legal Help or Researching the Law. Just do some research to learn everything you can about the discovery process first. Motions. Responding to interrogatory questions might feel nerve-wracking, but as long as youre truthful, complete, and return them in a timely manner, all should go smoothly. 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. Do not include irrelevant details, and make sure that your answers do not shift the blame for an incident to yourself. You simply mail the original back to the other side. Include your email address to get a message when this question is answered. If you believe the number of interrogatories unreasonably exceeds the numerical limit, contact opposing counsel to reach an agreement on the matter. *** The answering party shall set forth in full each interrogatory being answered immediately preceding the answer." (Emphasis added.) DOCTOR VISITS AND BILLS. Now is not the time to show your opponent how you have mastered the archaic language called "Legalese" just write your questions in everyday language. The client is the one answering the interrogatories under oath. Where you ever in an accident as a child, even if you werent hurt? All content Legal Aid Center of Southern Nevada 2023, Responding To The Other Side's Requests For Information, Pleading Stage: Filing A Complaint or Responding To A Complaint, Discovery Stage: Getting The Information You Need, Pre-Trial Stage: Filing And Opposing Motions, How to respond to requests for production of documents, How to respond to requests for admissions, Interrogatories, which are written questions about things that are relevant or important to the case. When and where? if one or more questions violate the rules of discovery . If you'd like to learn more about how to write excellent interrogatories with sample interrogatories (and sample responses), we've put together. If there is a valid objection to the question, state the objection. They ask a "Yes/No" question, with a follow-up question only if your answer to the first part is "yes." Examples of these are: Do you wear glasses, contact lenses, or hearing aids? ORDER TO ATTEMPT TO NARROW THE QUESTION OR AVOID THE OBJECTIONABLE PORTION OR ASPECT. Have you ever had x-rays? Whether you're the party sending out interrogatories or the one responding to them (youll likely be both at one point or another), this article discusses the basics of interrogatories, providing a general definition, tips on responding to (answering) interrogatories, and steps to help you craft your own. 1: What is the year, make, and model of your automobile? 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.". Learn more about responding and objecting to interrogatories. Here are some things to remember when preparing your answers to interrogatories: INTERROGATORY NO. Interrogatories should not be served until the parties have initially conferred as required under Rule 26 of the Federal Rules. Your Message Has been Successfully Sent. . Interrogatories play a key role in litigation: They're used to gather potential evidence to support a party's contentions, including facts, witnesses, and writings, or to determine what contentions an opposing party is planning to make. As a younger attorney, I learned from my senior partner that the more time and effort I put into a case, the better the results for my client. Missing that thirty-day deadline can be serious. Ever been injured on the job? Its important to understand that our answers to interrogatories cannot help us at trial. your interrogatories before you serve them. Have you ever struck another vehicle from behind? Open the sample via the full-fledged web-based editor. Thanks to all authors for creating a page that has been read 72,988 times. Ever been injured playing sports? RESPONSE NO. Each answer is numbered like the interrogatory, and are answered in the same order. When and where? Have you ever twisted your back? 1: Please admit that you received a traffic citation on January 31, 2014. Second, the party offering the documents must "specify the records from which the answer may be derived or ascertained and to afford the party serving the interrogatory reasonable opportunity to. 1: I own a 1995 Chevy Camaro. 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 . . If the other side does not answer your interrogatories, you may be able to ask the judge to make the other side answer the questions by filing a motion to compel discovery. Your responses must be truthful, complete, and returned in a timely manner. Responding to Form Interrogatories. (Fed. LLC d/b/a SHARPE PROPERTIES' NOTICE OF FILING VERIFIED ANSWERS T PLAINTIFF'S INITIAL INTERROGATORIES April 22, 2014. Have you ever been an emergency room? Candidly Avoid the Answer There are two ways of doing this. Rule 1.340(c) says: When the answer to interrogatories may be derived or ascertained from the records of the party to whom the interrogatory is directed or from an examination, audit, or inspection of the records or from a compilation, abstract, or summary based on the records and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party to whom it is directed, an answer to the interrogatory specifying the records from which the answer may be derived or ascertained and offering to give the party serving the interrogatory a reasonable opportunity to examine, audit, or inspect the records and to make copies, compilations, abstracts or summaries is a sufficient answer. Copyright Fasig | Brooks 2023 All Rights Reserved. Have you ever seen a massage therapist? "I am a legal assistant, and found the advice on this page to be very useful in my own work preparing discovery. TIP! Make sure you keep a copy of your responses for your records. An additional three days are allowed for response to interrogatories served by mail. It is important to remember that you are the defendant and the burden of proof lies with the plaintiff. Talk with a lawyer licensed in Nevada to get legal advice on your situation. You will just provide the answers, and the attorney or his or her staff will make sure that the page is set up correctly. Have you ever had a primary care doctor? When and where were you treated? If you deny the request, write deny.. When answering interrogatories, the goal is to give the defense as little ammunition as possible to use against our client. If your answers are intentionally false (i.e., you are lying), and you sign the statement under oath, then you could be charged with the crime of perjury. When and where did you treat? If, after answering the Interrogatories, new witnesses are discovered, be sure to let us know so we can amend the Interrogatories. But just because they ask doesn't mean you have to answer. Have you ever seen any doctors complaining of neck or back pain? 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. An answer to an interrogatory inquiring about matters described in Rule 194.2(c) and (d) that has been amended or . RESPONSE NO. Any false or incomplete statements could be punished by the court. answer these interrogatories. Importantly, if you do not respond within thirty days, the matter will be considered admitted. Sample question #3: Identify all documents relating to maintenance or cleaning of the floor where John Doe fell, from October 1, 2019 to October 24, 2019. Doctor of Law, University of Wisconsin-Madison. If you are asked to answer what you could have done to avoid an accident or incident, don't guess or speculate on what actions you may have taken. Almost inevitably, the defense will ask, Who is answering the interrogatories? Its very important to answer that question by stating the clients name, with assistance of counsel. By adding the phrase, with assistance of counsel, the client has a way out of any mistakes made.