If you find yourself involved in civil litigation of any kind, the case will take up a significant part of your life. While your attorney will take on the heavy lifting, he or she will require your help to gather the facts and evidence to support or defend your case. This article discusses “interrogatories”—a method of “discovery” that you should be prepared for as part of a civil lawsuit.
In legal proceedings, each party to the proceeding has the right to obtain information and evidence possessed by the opposing parties. Gathering this information is called “discovery.” Discovery is the fact-finding process of civil lawsuits. It allows the parties to ascertain the facts and evidence to build their case. One method of discovery is through “interrogatories.”
Interrogatories are essentially written questions. The purpose of interrogatories is to formally uncover the facts of the case, gather witnesses and experts’ knowledge of the underlying facts, learn the opposing party’s position and arguments given the fats at issue, and identify relevant documents and other evidence. To obtain documentation of facts and evidence, “requests for production” will often accompany interrogatories. Requests for production formally request documentation, which we will cover in Part 2 of this article. The parties in the litigation can issue interrogatories, meaning, your attorney and the opposing party can issue interrogatories. Answers to interrogatories are under oath, meaning you must answer truthfully and to the best of your ability. You can think of your written responses as the same as your testimony from the witness stand in the court room.
Interrogatories can be general or seek very specific information, so long as the request is relevant to the dispute and not otherwise objectionable. One common objection is that the interrogatory seeks a legal conclusion and therefore does not require a response. Some questions can be intimidating with multiple sub-parts, and you will have a deadline by which your responses are due. Your attorney will assist you with your responses as you work your way through them, but before your attorney can effectively help, you may need to compile information and various documents to complete your answers.
Compiling your answers to all the interrogatories can be time and energy consuming. So, if issued interrogatories, be prepared to set aside ample time. In addition to the energy and time spent, interrogatory responses may also be emotionally taxing. Depending on issues in your lawsuit, you may be asked to recall the facts of a difficult situation and explain your side in detail.
The process of answering interrogatories can feel invasive, but they are intended to make the litigation process as efficient as possible by bringing all facts and evidence to light for the attorneys to develop the legal theories and factual support necessary for your case. By participating in the discovery process, you help to support your legal objectives and move your case along.
