What Are Interrogatories?

Interrogatories are a type of written discovery used in litigation, where one party sends a set questions to the other party involved in the case. The receiving party must answer these questions in writing and under oath. Interrogatories are a key tool in the discovery process, allowing parties to gather information, clarify facts, and narrow down the issues that will be addressed at trial.

The primary purpose of interrogatories is to help each party understand the facts and legal positions of the other party. They are designed to:

• Obtain information that can support your claims or defenses.
• Clarify the opposing party’s position.
• Identify key issues or facts that might need further investigation.
• Help reduce the need for trial by making the issues clearer or by encouraging settlement.

Interrogatories are a formal part of the discovery process, which occurs after a lawsuit is filed but before the trial. Here's how they typically work:

1. Serving Interrogatories:
• One party (usually through their attorney) sends a set of written questions to the other party.
• Interrogatories must be served within a specific time frame after the lawsuit is filed, often within 30-45 days of the request.
2. Responding to Interrogatories:
• The recipient of the interrogatories is required to answer them in writing under oath.
• The responses must be clear, specific, and complete. If the answering party cannot provide a full answer to a question, they must explain why.
• In some cases, the answering party may object to certain questions on the grounds that they are too broad, irrelevant, or protected by a privilege (such as attorney-client privilege).
3. Deadline for Responses:
• The party receiving the interrogatories typically has 30-45 days to respond. If the responses are not provided within the required time frame, the requesting party may file a motion to compel, asking the court to order the party to provide the responses. The requesting party can also file motions for default judgment or dismissal, depending on the situation.
4. Reviewing the Answers:
• After the answers are provided, the requesting party can review them and use the information for further investigation, depositions, or trial preparation.

Interrogatories can vary depending on the case, but they generally fall into the following categories:

1. Factual Interrogatories

These questions seek basic information about the case, such as:

• What happened during the event in question?
• What is the opposing party's version of the facts?
• Who were the witnesses?

Example:

• "Please describe in detail the events leading up to the accident on [date]."
2. Identification of Witnesses and Evidence

These questions request information about the individuals or documents that might be used at trial.

• What experts have you hired for trial?
• Who are the people with knowledge of the facts?

Example:

• "Please list the names, addresses, and contact information of all individuals who have knowledge about the accident."
3. Legal Interrogatories

These questions explore the legal theories behind the case. They might ask about how a party plans to prove their case or what legal defenses they intend to rely on.

Example:

• "What legal theory or doctrine do you rely on to defend against the claim of negligence?"
4. Damage-Related Interrogatories

These questions are aimed at understanding the damages the party is seeking or defending against, including personal injury or financial loss.

Example:

• "Please provide a breakdown of all medical expenses incurred as a result of the injury sustained on [date]."

Limitations on Interrogatories

• Number: There are typically limits on the number of interrogatories one party can send to another. For example, in Massachusetts, a party can serve no more than 30 interrogatories without seeking permission from the court.
• Scope: The questions must be relevant to the case. The responding party can object to questions that are irrelevant, overly broad, or that ask for privileged information.
• Timeframe: Interrogatories must be answered within the prescribed time period (typically 30-45 days), or the court may intervene if there are delays.

A party may object to an interrogatory if:

• The question is vague or ambiguous.
• The question asks for privileged or confidential information (such as attorney-client communication).
• The question is overly broad, burdensome, or irrelevant to the case.
• The question calls for a legal conclusion or is speculative.

When a party objects to an interrogatory, they must specify the reason for the objection. In cases of disputes over objections, the requesting party may file a motion to compel with the court to force the other party to answer the question.

Example of Interrogatories in a Massachusetts Personal Injury Case

Here is an example of how interrogatories might be used in a personal injury lawsuit resulting from a car accident:

1. Please state your full name, address, and date of birth.
2. Describe in detail how the accident occurred on [date].
3. Identify all witnesses to the accident, including their names, addresses, and telephone numbers.
4. Have you received any medical treatment for the injuries you claim were sustained in the accident? If yes, provide the names and addresses of the healthcare providers and the dates of treatment.
5. Describe all lost wages or other financial losses you claim as a result of the accident.

• Cost-Effective: Compared to other discovery tools like depositions, interrogatories are relatively inexpensive and do not require the time and expense of scheduling interviews or hearings.
• Gathering Information: They allow parties to obtain valuable information, including details about the other party's claims, defenses, and evidence.
• Narrowing Issues: Interrogatories help narrow the focus of the case by clarifying the key facts and issues in dispute.
• Clarification: They can clarify ambiguities in the other party's pleadings or responses to previous discovery requests.

Interrogatories are a vital part of the discovery process in litigation. They help parties gather crucial information that will inform trial strategy, narrow down the issues, and potentially encourage settlement. By allowing a party to ask the other party direct questions, interrogatories provide a way to uncover facts, clarify positions, and better understand the opposing party’s case.

With all the rules surrounding discovery, having a Lowell Personal Injury Attorney is vital to winning your case. The Lowell Personal Injury Lawyers at Marcotte Law Firm know how to navigate the complex system. Call us today.