LEGAL JARGON 101 - Interrogatories

Happy New Year!

Continuing my collection of tidbits related to the litigation process, I thought I would delve into a topic that I am certain is confusing to many people ... legal jargon.  For instance, during discovery, there are a number of different methods of collecting information to assist you in proving your case.

One such method is by asking your opponent (whether plaintiff or defendant) written questions or requests about facts.  Written questions or requests seeking written responses are also known as "interrogatories".  For instance:

"Identify all writings from 2009-2010 that show communication between YOU and Company."
"State all facts that support YOUR allegations in YOUR complaint that Defendant harmed YOU."
"How long have YOU been licensed to drive a tractor trailer in the State of California?"
"Are YOU a corporation?" "Are You a Joint Venture?"

In California, Code of Civil Procedure Sections 2030.010, et seq., pertain specifically to Written Interrogatories.  There are two types of written interrogatories: "Form" and "Special".  "Form" interrogatories are official universal questions that the California Judicial Council puts out - the questions are numbered and are the same for everyone.  You don't have to use "Form" interrogatories, but such questions get some of the simple/common fact questions out of the way.

"Special" interrogatories are not universal, but drafted by the person requesting the information.  In California, a party asking "Special" interrogatories is limited to 35 such questions/requests, unless a declaration accompanies the set of interrogatories indicating why more than 35 questions/requests are necessary in this case.  (CCP Section 2030.030.)

Written interrogatories may be used pretty much at any time by one party seeking written responses from any other party.  They may not be used to obtain documents, physical evidence, or to obtain responses from a non-party (such as a witness).

Responses must be verified by the answering party, and must generally be provided not more than 30-35 days after being served with the interrogatories.  There are plenty of objections available to protect the responding party's interests that I will not go into here.

I often utilize interrogatories to obtain facts relevant to other sources of evidence: "Identify all documents ..." Then you can send out a request for documents requesting all identified documents responsive to that interrogatory.  Or, "Are you a Corporation?" You can then seek information specific to the corporation, or learn who the management of the corporation is/was. 

I am often explaining the meaning of certain terms to clients.  "Request for Documents" may be easy to understand; "Form Interrogatories" can be confusing.  I hope you found this information helpful!

More to Come!