Definition
Interrogatories are a set of written questions prepared by one party in a lawsuit and submitted to the opposing party, or sometimes witnesses, with the aim of discovering pertinent facts and gathering evidence prior to the trial. The questions must be answered in writing, under oath, and within a set timeframe. Both the questions and the sworn answers can be presented as evidence during the trial. By utilizing interrogatories, courts can save valuable time during the litigation process.
Examples
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Personal Injury Case: In a personal injury lawsuit, the defendant may submit interrogatories to the plaintiff asking about medical treatment received, prior medical history, and the circumstances leading to the injury.
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Contract Dispute: When dealing with a contract dispute, a plaintiff might submit interrogatories to the defendant to inquire about the terms of the agreement, communications regarding the contract, and any reasons for breaching the contract.
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Employment Discrimination: In an employment discrimination case, the employee (plaintiff) might ask the employer (defendant) about company policies, past disciplinary actions, and details about their performance reviews.
Frequently Asked Questions
1. What is the purpose of interrogatories in a lawsuit?
- Interrogatories are used to gather detailed information and evidence from the opposing party to help each side prepare their case before going to trial.
2. Are answers to interrogatories considered evidence?
- Yes, answers to interrogatories are given under oath and can be used as evidence during the trial.
3. How many interrogatories can be submitted?
- The number of interrogatories that can be submitted may vary depending on jurisdiction and specific court rules, but often there are limitations to prevent abuse of the process.
4. What happens if a party fails to respond to interrogatories?
- If a party fails to respond to interrogatories, they may face sanctions from the court, including fines or having their claims or defenses dismissed.
5. Can interrogatories be objected to?
- Yes, the receiving party can object to specific interrogatories if they find them to be irrelevant, overly broad, or otherwise inappropriate.
Related Terms
- Deposition: An out-of-court testimony of a witness, taken under oath, used for gathering information as part of the discovery process and for later use in court.
- Discovery: The pre-trial procedure in a lawsuit in which each party can obtain evidence from the other party through various means, including interrogatories, depositions, and requests for documents.
- Subpoena: A legal document ordering someone to attend a court proceeding to give testimony or produce documents or evidence.
Online Resources
- Legal Information Institute - Interrogatories
- American Bar Association - Discovery and Depositions
- Nolo - Interrogatories
Suggested Books for Further Studies
- “Civil Procedure: Cases and Materials” by Jack H. Friedenthal, Arthur R. Miller, and John E. Sexton: This book provides an in-depth examination of civil procedures, including the role of interrogatories in the discovery process.
- “Discovery Practice” by Roger S. Haydock: A comprehensive guide on the discovery phase of litigation, focusing on depositions and interrogatories.
- “Principles of Civil Procedure” by Kevin M. Clermont: An easy-to-understand book that explains the principles that govern civil litigation, with sections dedicated to the discovery process.
Fundamentals of Interrogatories: Civil Procedure Basics Quiz
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