An interrogatory is not objectionable because an answer to it involves an opinion or contention that relates to fact or the application of law to fact, or would be based on information obtained or legal theories developed in anticipation of litigation or in preparation for trial.
Can you object to interrogatories?
You can object to an interrogatory if the information sought is known by the requesting party or available to both parties equally. For example, you should raise this objection if the answers are publicly available or in a third-party’s custody or control.
What is a legal contention?
a claim or assertion advanced in argument, especially in a lawsuit. “The plaintiff’s contention was that the doctor had been negligent in treating her.”
What is a legal contention question?
Contention interrogatories can be characterized as: “any question that asks another party to indicate what it contends . . . another party whether it makes some specified contention . . . an opposing party to state all facts on which it bases some specified contention . . .
What is a contention example?
The definition of contention is a struggle, dispute or something that someone argues about. An example of contention is two people debating about abortion rights. Struggle, contest, strife, argument, debate. … It is my contention that they are lying.
Can you refuse to answer interrogatories?
Rule 33 of the Federal Rules of Civil Procedure sets out the proper procedure with respect to interrogatories in federal actions. With one exception, the answer to the question “Can you refuse to answer interrogatories?” is a resounding, “No!”
What happens if interrogatories are not answered?
If you still do not answer the interrogatories, the judge can assess a monetary fine against you or strike your pleadings. If the judge strikes your pleadings, it usually means that the other side will win. Your lawyer can object to the interrogatories.
What happens after interrogatories are answered?
What happens once you receive an interrogatory? All of the questions must be responded to in writing and it must be done under oath. Often, once you answer the questions, the other side will use the answers to gather more information.
How many special interrogatories can you ask?
Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(1) and (2).
How many interrogatories can you ask in California?
(b) Except as provided in Section 2030.070 , no party shall, as a matter of right, propound to any other party more than 35 specially prepared interrogatories. If the initial set of interrogatories does not exhaust this limit, the balance may be propounded in subsequent sets.
How do you draft special interrogatories?
- Step 1: Write Your Interrogatories. There is no Judicial Council form specifically for this procedure. …
- Step 2: Make Photocopies. Make one photocopy of your special interrogatories for each party (other than you) in the case.
- Step 3: Have Your Requests Served. …
- Step 4: Retain Your Originals for Your Records.
Is there a limit on special interrogatories in California?
(b) Except as provided in Section 2030.070, no party shall, as a matter of right, propound to any other party more than 35 specially prepared interrogatories. If the initial set of interrogatories does not exhaust this limit, the balance may be propounded in subsequent sets.
How do you respond to interrogatories in California?
The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by (1) an answer containing the information sought to be discovered, (2) an exercise of the party’s option to produce writings, or (3) an objection to the particular interrogatory.
What are interrogatories used for?
Interrogatories are a discovery tool that the parties can use to have specific questions about a case answered before trial. Interrogatories are lists of questions sent to the other party that s/he must respond to in writing.
Can you ask for documents in an interrogatory?
The issues discussed above in connection with interrogatories are also the issues which you need to cover in your requests for production. However, because requests for production do not yield a written answer, you can ask both for specific documents and for general categories of documents.
What happens if you lie on interrogatories?
The Dangers of Lying on Interrogatories
The most damaging thing that can happen if someone lies on interrogatories is that they can be punished by the judge at trial. … If the party lies repeatedly or has been deliberately dishonest about material facts in the case, the judge may initiate a perjury charge.
Do responses to interrogatories need to be verified?
Under Rule 33, answers to interrogatories must be verified and must be signed by the person answering the interrogatory, not only by the party’s attorney.
What is a request for answers to interrogatories?
In law, interrogatories (also known as requests for further information) are a formal set of written questions propounded by one litigant and required to be answered by an adversary in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case.
Do you answer or respond to interrogatories?
You have to respond to interrogatories in writing to the best of your ability. If you do not answer an interrogatory question, and then the other side learns that you did in fact know the answer, it could have a negative impact on your case at trial.
How do I find contention?
Typically, the contention is identified in the introduction of a Language Analysis essay, along with the details of the publication and the tone. Often the contention of a piece of writing can be determined by the heading or the first and last sentences.
What causes contention?
The Random House Dictionary defines it as, “heated dispute or controversy.” What causes contention? Causes can include money problems, frustrations, tiredness, differences of opinion, etc. … Recognize we all make mistakes and have our own opinions.
What is a contention question?
You generally do not want to ask the deponent “contention” questions, i.e., those seeking all facts, witnesses, and document that support a legal contention. Such questions are proper in interrogatories, but not in depositions.