Interrogatories

Question: Interrogatories? I am doing a case Pro Se for now. I have been asked for Interrogatories, I did file Pro Se for Interrogatories from them. They were granted their Motion to shorten time to answer and produce. My motion to shorten time to answer on them was denied. My question is, do I have to give an answer for all Interrogatory questions without being represented by an attorney? These questions are such as , list all new evidence that you might have in this case and list all witnesses that you have in the case. I do not really want to answer these until I am represented. How would I answer, like stating that I do not want to answer without representaton or quoting like some amendment or constitutional right in my answer.

Answer: Yes you have to answer all interrogatories. I would suggest you retain counsel now. If you fail to return interrogatories within the time frame given by the court your case could be dismissed.

Question: Where can I find a sample of form interrogatories and request for admission? I am in Pro Per and wish to propound interrogatories to the Plaintiffs. Thank yous in advance. It is a Civil case in California.

Answer: The first piece of advice I would give you, or any non-attorney planning on representing themselves in a civil litigation case, is don't. There are lots of hyper-technical requirements you have to follow, and hoops you have to jump through during the course of the litigation, and it is very easy to make an extremely harmful mistake. Representing yourself in a civil litigation case is almost always a bad idea. If you choose to represent yourself notwithstanding the above, my second piece of advise is to go to your local law library (See first link below) and get a good practice guide that deals with pre-trial civil procedure. My personal preference is "California Practice Guide : Civil Procedure Before Trial / Robert I. Weil, Ira A. Brown, Jr." (which should be available at any public law library), but there are other similar practice guides as well. If you flip to the section that deals with "discovery," you should find forms (usually in an appendex) that will show you what documents like Requests for Admissions or Interrogatories look like. You will also find an extensive discussion on the rules dealing with discovery, with references to the applicable statutes and rules of court. Note that if your case is an unlawful detainder (i.e. an eviction) special rules apply. If the amount in controversy is less than $25,000, there are other special rules that apply. Get the practice guide and read it carefully to learn the rules before your propound any discovery. Note that public law libraries do not typically allow you to check out practice guides, but you can make photo copies. Form interrogatories are available in PDF fromat from the California Judiciary's website (see second link below). Note that you would use a different form depending on the type of case.

Question: Need to answer interrogatories under oath, how do I become sworn on a written document? Do I simply write "I swear the answer to the forthcoming interrogatories are true and complete to the best of my knowledge" then go about writing my answers? Thanks in advance.

Answer: At the end of the Interrogatories, there should be a certification page which reads something like: I certify that the foregoing statements made by me are true. If any of the statements are wilfully false, I am subject to punishment". You sign this page and it should be witnesssed by the attorney (if you have one) or a notary public and submitted with your answers.

Question: Explain the advantages of using depositions rather than interrogatories to question a party to a lawsuit? This is a question on my Business homework I need help with, I always give best answer. Question Explain the advantages of using depositions rather than interrogatories to question a party to a lawsuit?

Answer: When taking a deposition, the attorney asking the questions has the advantage. No one knows what he will ask. The deponent will not have time to come up with scripted answers. Sometimes the answer to one question will trigger another question. With interrogatories, you can only ask the questions that are typed out. Finally, the attorney can assess the deponent's character, honesty, possible influence on a jury.

Question: How long does a person in the state of MO have to reply to interrogatories? My ex husband started a motion modify our current divorce decree-in relation to our parenting plan. My attorney sent interrogatories almost 2 months ago and we have not received a response. I thought you only had 30 days to reply...does anyone know what MO dictates?

Answer: It is only 30 days to reply in most states. Unless he filed a motion to delay (there's a word for it I just can't remember) because I did that with my ex husband due to the fact he tried to serve me while I was in Iraq.

Question: If you represent yourself in court and submit a request for interrogatories? If you represent yourself in court and submit a request for interrogatories to the opposing side, after they provided their interrogatories to you. What do you do if the opposing side says that your questions are incomprehensible?

Answer: It's a common delaying tactic when the other side thinks you won't know how to proceed. In discovery, if you submit questions in your interrogatories that make sense, you can file a motion to compel discovery with the court. If you're asking this question, you might be in over your head and need an attorney.

Question: Any family law attorneys out there? Can I ask for interrogatories when I am representing myself? I have been presented with interrogatories I must answer regarding a pending court case. The other party has an attorney who prepared these. I have none. Can I also prepare interrogatories for the other party to answer in this case if I am representing myself? Thanks for your help. Do I have a right to refuse to answer some of the interrogatories they have given me? They are asking VERY detailed information about my bank accounts, credit cards, etc. They want the numbers & everything. Do I have to give this?

Answer: Yes you can. You have to make them relevant to the case and they must be courteous (not offensive) in meaning and wording. What I would do is go to FindLaw for your state and read the rule on interrogatories. If that doesn't work, go to the nearest law school and read the Interrogatory Rule in the Rules of Civil Procedure. Or, just take a clue from the ones you received. You can do it and I'm sure if you think about what you NEED (not just want) to know, you can write good ones.

Question: My ex lied on her interrogatories for our pending child support case. How do I get proof she is working? I send money every month for my son based on the state calculation method. I think that she thinks she will get more through the courts. Her lawyer sent interrogatories as did mine. She lied about almost everything.

Answer: Get a friend who she does not know go to her place of employment and video tape her working. That will prove she lied at least once and a good lawyer can get her flustered enough to sink her form that!

Question: How to do an interrogatory aka interrogatories for small claims court in Texas? How to do an interrogatory for small claims court in Texas as in getting the proper forms? Is there is template for the forms to use?

Answer: The court may have a form, but you don't have to use it. Just send the opponent a document with the case caption (just like the complaint has) and list your interrogatories. Number them so that you know which answer goes with which interrogatory.

Question: What is Interrogatories from the respondents law office? I am representing myself and I don't know if I need to fill this out. It isn't court ordered but I don't want them to think that I'm being impossible to work with. They are asking for everyone's name and social security number in my household. I am not comfortable giving such personal information out to them. But I need to know what rule 60 and 61 is from the rules of family law and procedure. Do I have to submit any information to them or some of it or nothing at all?

Answer: Maybe you should at least speak to an attorney. look up the legal definition of interrogatory... generally speaking the parties are allowed to send a set of questions to the other party and they're answered in writing - likely as a sworn statement. You also need to look up rule 60 and 61. You can get a lot of resources at your county's law library - or even your public library and on line.. I'm not an attorney, so please don't rely on this as legal advice... you should find someone in your area that's qualified to guide you through the process..

Question: Do answered interrogatories need to be sent to the court as well as the plaintiffs counsel? This is a civil case in California Superior Court. Does the court need copies of what is getting sent to the asking attorneys? Also if the court gets copies should the original questions be sent. Someone I know is a co-defendant and is in Pro Per. 3) Also, do the above copies need to be sent to other co-defendants? 4) Also is the plaintiff's attorney need to send other co-defendants interrogatories to us? Thanks for the info!

Answer: Absent a court order in the specific case or a local/state procedural rule, no, your discovery documents do not get filed with the court. Do you need to serve all parties with answers to discovery propounded by one party? Not usually.

Question: Which is more cost efficient, Interrogatories or depositions? Which is more cost efficient, Interrogatories or depositions?

Answer: I would think it more cost efficient to send some questions to be answered than to have attorneys being paid by the hour.

Question: I received a first interrogatories and request for production of documents? I cannot afford an attorney nor do i make allot of money. How can i respond to this in the courts?

Answer: I think I lost a week's sleep when I got those in the mail and my lawyer, with the big retainer and huge hourly fee, couldn't be bothered to return a phone call for weeks. You do not need a lawyer for this. It's costing your wife a fortune to do "discovery", and you're saving a fortune by not doing the same. You and your wife know each other's finances and how to split them in half without interrogatories and producing documents you already both have. You just answer the questions, produce the documents, and send them to her lawyer. Don't sweat it if it takes longer than they say you have (I had a 10-day warning that was 5 days by the time I got the letter, and no way to gather 5 years of bank statements and credit card statements in that time). Not only will things move slowly enough that you don't have to rush, but in the end, they don't need most of the documents. My lawyer once showed me the stunt he was going to use in court if we ever got a hearing, which we never did in the course of a couple or few years. In one hand, he had the foot-thick stack of documents I produced. In the other hand, he had the 3 pieces of paper my ex-wife produced. She didn't respond to any of that stuff and lied in writing about not having a car and not having a retirement account. Since we - like nearly all couples, probably including you - negotiated our settlement outside court, it didn't matter. Just do your best to answer the questions, send what documents you have on hand, or are easy to get, and try to relax. It can be scary, but it's just standard lawyer operating procedure to waste a lot of your time and to bill your wife for the hours it takes to read all that stuff.

Question: Are Interrogatories supposed to be served on the witnesses called in the case, or just the Plaintiff? We're working on a case (for class) and my partner was responsible for preparing Defendant's First Set of Interrogatories to Plaintiff. Now, I just spoke to her and she said that she has about 10 for each witness, which threw me off because I thought Interrogatories were given to the Plaintiff and Defendants, not witnesses expected to be called. Am I right?

Answer: You are right. Interrogatories can only be served on parties to the lawsuit. To obtain information from witnesses under a formal discovery setting you have to issue subpoenas and depose them.

Question: What is the best book for refining legal writing: answers to interrogatories, objecting to subpoenas, etc? Is there an authorative text? Not so much a standard form book, but a thoughtful guide on best-practices?

Answer: Strunk & White: The Elements of Style.

Question: Is there a penalty for turning in interrogatories late in a small claims court? I'm the one that brought the lawsuit against a company and they failed to respond within the 28 days (Supreme Court) rule. Is there any penalty for them turning them in late?

Answer: could be. in federal court request for admission are assumed true if late.

Question: can you request admissions to interrogatories on a non party to a lawsuit? I can't afford a lawyer and I just wanted some information from a non party to the suit.

Answer: First, there is no such thing as "admissions to interrogatories." It's either Interrogatories or request for admissions. Unfortunately for you, a non-party is under no obligation to answer either. If this person is not a friend of yours or is apparently on the other side, then the only way you'll get information from them is to subpoena them when time for trial arises. Can you just ask this person?

Question: In a divorce case, can interrogatories be served on parties that are not a party to the action? This is also a question about the legal definition of "party" as opposed to "party to an action". When the rules of civil procedure mention "any party" with no other specification, does it mean any person, corporation or business entity? This is the exact wording: "Without leave of court or written stipulation, any party may serve upon any other party written interrogatories...."

Answer: Generally interrogatories can be served only on the opposing party in a divorce. One exception is for expert witnesses. If one of the parties is going to call a real estate appraiser as an expert to give evidence of the value of property or a psychiatrist as an expert to give evidence of emotional distress inflicted by the other spouse, the other side may be able to serve interrogatories or depose that witness in advance of the final hearing or trial.

Question: Will I be held in Contempt of Court for not answering Interrogatories filed by my husbands attorney? My husband was convicted of molesting my daughter. I have been trying to obtain a divorce for almost 2 years now. I recently received request from hisattorney, called an Interrogatory, requesting personal information, such as my new adddress, car, bank info etc....I sent a response stating that he stalked me and harmed my family and I am not providing him with my personal information. Can I be held in contempt? I have not been ordered to turn over the information yet.

Answer: I would call a attorney for advise about this. I do think it is odd they would want your bank info and such. Are you 100% sure the letter came from a real attorney? I forgot to add, the only way you can be in contempt of court is if a court orders you to do/give something and you don't.

Question: When filing Plaintiff's first set of interrogatories and request for production of documents? are you required to provide all personal detail, like your SSN, previous addresses, employers w2's (from at least 3 yrs ago) and other personal private information. I'm the one being sued. whichever that is. What if you don't have the documents asked for and in my state I don't have to provide my ssn # and as far as i last knew i had the right to decline to provide that information if so desired.

Answer: Do you mean answering interrogatories and request for production of documents? (These documents are generally not filed with the court.) If so, then yes. You are required to provide all of the requested information. As long as the requests are "reasonably designed to lead to discoverable information" the questions are perfectly fine. And, unfortunately for the person answering the questions, almost everything is fair game. The flip side is that YOU are allowed to ask for the same or similar information from the Plaintiff. If you refuse to answer or fail to answer properly and/or if you fail to answer within 30 days, the plaintiff can file a motion to compel. This means that the issue would go in front of a judge - and the judge would almost certainly order you to answer. The judge could also order you to pay the attorney fees for the plaintiff.