Interrogatories are one of the most commonly used discovery tools in an attorney’s arsenal to find out what the opposing party is thinking about the case. But what exactly are interrogatories, and how do they fit into a court case? Here are a few things to consider.
What Are Discovery Requests?
The discovery process is how parties and attorneys involved in a case find out information from the opposing party about their position in the litigation. This can be done in several ways, including document requests where parties have to hand over things like bank statements or medical records to the other side. Another discovery tool is a deposition, which allows a party or expert witness to be placed under oath and answer questions. Finally, interrogatories can be written questions for parties to answer.
What Are Interrogatories?
Interrogatories are questions that ask you to outline your version of the facts and your claims. They can be preprinted "form" interrogatories or specific questions asked just for your case. This is normal in a family law case where specifics about property and custody issues are needed or in personal injury cases where details are needed about a car accident or medical treatment. Questions can range from the broad ("What happened on February 14, 2022?") to the specific ("Is it your position that the defendant was wearing a hat at 10:30 p.m. on the night in question?").
The goal of answering interrogatories is to obtain relevant and specific information about a case. A party’s interrogatory responses are made under oath, so they tie a party down on their position and allow the asking party to prepare their side of the case before a trial or settlement is reached.
The number of questions is limited by the rules of civil procedure, as are the responses and time to respond to any set of interrogatories. For example, under the Federal Rules of Civil Procedure, each party may only ask the other party 25 questions via interrogatory unless the court gives permission to ask more. In general, the answering party has 30 days to respond. State laws may vary on the number of interrogatories or amount of time to answer so make sure you speak to an attorney for legal advice before you start working on them.
How You Should Respond
Because attorneys may help their clients answer interrogatory questions, responses tend to be more, shall we say, "crafted" than answers to deposition questions.
When responding, you may be coached by your attorney to carefully choose language that is favorable to your side. This is allowed as long as it is truthful and not deceptive. But it's crucial to give complete and honest answers that are as straightforward as possible. You are under oath, after all. Lying could constitute perjury, and you could possibly be held in contempt of court.
If the questions asked are excessively burdensome, unfair, or difficult to understand, you can object to them. Your attorney will help you decide what you should object to and the words you should use.
Related Resources:
- What are Damages Caps? (FindLaw's Law and Daily Life)
- Stages of a Personal Injury Case (FindLaw's Learn About the Law)
- 7 Tips to Help Prepare for Your Deposition (FindLaw's Law and Daily Life)
