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InterrogatoriesInterrogatories are written questions which a party to a lawsuit can send to another party asking for information about issues in the case. Answers to the questions must be in writing, under oath, and served within a specified time, usually 30 days.
Your state’s rules of procedure (and case law) specify such things as the number of questions that can be asked, whether multiple sets of questions can be used, how and when you must object to Interrogatories, how long you have to answer them and for what purposes the answers can be used in the lawsuit. Even though there are variations from state the state, the following general discussion should be helpful to you.
Your Interrogatories to the DefendantYou can send Interrogatories to the defendant, and you should. I always serve Interrogatories along with the initial Complaint so that the defendant is obligated to answer my questions before my client has to answer the defendant’s. There is an advantage to seeing what the defendant says about the accident before you have to answer his questions.You should ask the defendant to . . . ❏ Fully identify herself. ❏ State in detail her version of how the accident happened. ❏ Identify any witnesses to the accident. ❏ Identify any reports or witness statements that she knows about. ❏ Reveal any documents that she will rely on at trial. ❏ Identify any expert witnesses that she will call. ❏ Describe her condition before the accident. (Did she have any physical impairments or had she been drinking?) ❏ Describe the condition of her vehicle before the accident. (Did it have any defects which could have contributed to the accident?) ❏ State her contentions on relevant issues such as whether you were negligent. ❏ The amount of insurance coverage that the defendant has(if this question is allowed in your state). Tip: Your court may have forms with approved questions that you can use.
The Defendant's Interrogatories to YouAlong with the defendant’s Answer to your Complaint, the defense lawyer will routinely send Interrogatories (along with a request that you produce documents). These are usually the form questions that the defense lawyer always sends in car accident cases.The defendant’s questions will probably ask you to . . . ❏ Fully identify yourself. ❏ State your version of how the accident happened. ❏ Identify any witnesses to the accident. ❏ Identify any reports or witness statements that you know about. ❏ Identify any expert witnesses that you will call. ❏ List and describe your injuries. ❏ List the health care providers that you have seen for treatment of your accident-related injuries. ❏ Provide information about your pre-accident health. (Have you had any prior injuries to the same part of your body that was injured in your car accident? They’re looking for something to blame other than the obvious cause!) ❏ List the financial losses that you claim, including medical bills and lost income. ❏ If you claim a loss of income, describe your employment and earnings histories. ❏ Identify any documents you may rely on at trial, including photos. If you have a lawyer representing you, your lawyer will assist you in answering the defendant's questions. If you are representing yourself, be sure to prepare your answers carefully since incorrect answers can seriously damage your case. Oh, there's one other wrinkle you should know about. In many states, you have an obligation to supplement your answers if the facts change. For example, if you incur additional medical bills after you send your answers to the defendant's questions, you must supplement your answers. If you don't, you may not be able to use the new evidence at trial. Therefore, be sure to supplement your Answers to Interrogatories before trial if you have any new facts to add. ObjectionsThe rules of your court cover how and when you must object. It may be sufficient to simply state a written objection, or you may have to file a motion asking the court to enter something called a “Protective Order” which protects you against having to answer the question.
When you file a lawsuit, you give up some of your privacy. A defendant can ask you about things which are relevant or “are reasonably calculated to lead to the discovery of relevant and admissible evidence” (or some similar standard). Therefore, you will probably have to answer some questions that you don’t think relate directly to the case. However, you don’t give up all privacy rights simply by filing a lawsuit. Questions about things that are clearly irrelevant can be resisted. If you don't want to answer a question for a good legal reason, state an objection, seek a Protective Order or do whatever is necessary to avoid answering the improper question. For example, in my opinion, in most cases, it is over-reaching to ask about your medical history 10 or more years before the accident or to ask about parts of your medical history that are unrelated to the injuries that you received in your car accident. When you suffer a neck injury in a car accident, I don’t think a defendant should be allowed to inquire about other types of injuries or about any injuries that you received many years in the past. On the other hand, don’t be surprised by defense objections to your questions. Defense lawyers, particularly at large firms, love to try to frustrate you by objecting to questions that are clearly appropriate. If this happens, don’t give in. Hang tough, argue your case and the court will support you if you have a valid objection.
UsesBefore trial, Interrogatory answers can be used to support (or oppose) a Motion for Summary Judgment, which is a motion asking the court to rule that your opponent has no case and that you should be declared the winner without a trial.Normally, there are two (2) ways that the Answers are used at trial. If there is anything in your opponent’s Answers (or other discovery responses) that you think helps you case, you can read those answers to the jury. Of course, the defendant has the same right to read your answers to the jury. In addition, a witness can be confronted by an answer that contradicts his trial testimony. This "impeachment" can severely damage the credibility of a witness.
Pros & ConsThe major advantage of Interrogatories is that they are cheap. Other than the cost of your paper, a few stamps to send copies to the court and to your opponent and your time to prepare them, they cost nothing.The big disadvantage is that they rarely yield any detailed information. Defense counsel draft the defendant’s responses to only provide basic information. To get more details, you will have to use other discovery procedures, such as requests to produce documents, requests to admit facts, requests to admit the genuineness of documents and depositions. Overall, Interrogatories are valuable for obtaining non-controversial background information, learning the identity of witnesses and documents and learning the basic contentions of your opponent. Use them.
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