What is an interrogatory?
An interrogatory is a formal set of written questions that one party sends to another party during the discovery phase of a lawsuit. These questions must be answered in writing and under oath, making them a powerful tool for gathering information before trial.
How Interrogatories Work
During civil discovery, attorneys use interrogatories to learn facts about the case from the opposing side. Unlike depositions where lawyers ask questions in person, interrogatories involve written questions that require written responses. The responding party typically has 30 days to provide answers, though this timeframe can vary by jurisdiction.
Each interrogatory asks for specific information related to the case. For example, in a personal injury lawsuit, questions might ask about:
- Details about how the accident occurred
- Names of witnesses who saw the incident
- Medical treatment received
- Lost wages and other damages
- Previous injuries or accidents
Rules and Limitations
Courts set limits on how many interrogatories each party can serve. Federal courts typically allow 25 questions, including subparts, though judges can permit more if needed. State courts have their own rules, with some allowing more or fewer questions.
The questions must be relevant to the case and reasonably calculated to lead to admissible evidence. Parties cannot ask for privileged information, such as private conversations with attorneys or doctors.
Party Responses to Interrogatories
When receiving interrogatories, the responding party must:
- Answer each question completely and honestly
- Sign the responses under penalty of perjury
- Object to improper questions with specific legal reasons
- Provide any requested documents referenced in the answers
Failing to respond properly can result in serious consequences. Courts may impose sanctions, strike pleadings, or even enter default judgment against parties who ignore interrogatories.
Benefits of Using Interrogatories
Interrogatories offer several advantages in civil discovery:
- Cost-effective: Less expensive than depositions since no court reporter or videographer is needed
- Time to prepare: Parties have weeks to craft thoughtful, complete answers
- Written record: Creates clear documentation that can be used at trial
- Broad scope: Can cover extensive ground without time constraints of live testimony
Common Types of Interrogatories
Different cases require different types of written questions. Some common categories include:
Background Information
Basic questions about parties, their addresses, employment, and relationship to the case.
Fact-Finding Questions
Detailed queries about events, timelines, and circumstances surrounding the dispute.
Damage-Related Questions
Information about financial losses, medical expenses, property damage, and other claimed harms.
Expert Witness Questions
Details about expert witnesses, their opinions, and the basis for their testimony.
Best Practices for Handling Interrogatories
Whether sending or receiving interrogatories, following these practices helps ensure effective written discovery:
- Keep questions clear and specific to avoid objections
- Number each question for easy reference
- Review local rules for format and service requirements
- Calendar response deadlines immediately
- Coordinate with clients early to gather needed information
- Preserve all documents related to interrogatory responses
The Role of Interrogatories in Your Case
Interrogatories serve as building blocks for case strategy. The information gathered through these written questions helps attorneys:
- Identify strengths and weaknesses in both sides’ positions
- Discover previously unknown facts or witnesses
- Pin down the opposing party’s version of events
- Gather admissions that support their client’s claims
- Prepare for depositions and trial
Understanding interrogatories helps parties participate more effectively in their cases. While the formal language may seem intimidating, these written questions simply seek truthful information to help resolve disputes fairly. Working closely with an attorney ensures proper handling of both sending and answering interrogatories throughout the discovery process.
