Interrogatories and Personal Injury Lawsuits

Posted on Friday, June 18th, 2021 at 5:45 am    

If your personal injury case is proceeding to a lawsuit there is a process referred to as discovery. An element found within the discovery process is referred to as interrogatories. This article and subsequent ones will discuss interrogatories and personal injury lawsuits.

Interrogatories and Personal Injury Lawsuits

This article series will deal with the following aspects with regards to interrogatories:

  • What they are?
  • During which part of the lawsuit period they are sent
  • How many interrogatories must be answered?
  • The time limit on the response to these questions
  • How they are written in personal injury cases
  • A defendant’s ability to send
  • Objections
  • Compelling responses, and
  • Requests for documents to be produced

The discovery process is a pre-trial process that allows both parties to gather information so as to prepare for trial. Rule 26(b)(1) states, “parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense”. The federal rules also provide several tools that can be used to get information from other parties, including:

  • interrogatories,
  • depositions, and
  • requests for admission

A party may also compel other parties to give them access to documents, real property, or other things for review or testing.

It is during the discovery process that they are used. “Interrogatories are written questions that are sent by one party to another as part of the pre-trial investigation process called discovery”. During discovery this section  allows each party to write a list of questions for the other party. Once received, the party responding must submit answers under oath. Interrogatories and depositions are the largest part of the discovery process. However, they do not need to be filed in court but are sent back and forth between the parties.

Speak to your attorney to find out more about what happens during the discovery process.

 

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