Interrogatories

Interrogatories are formal sets of written questions that are asked by one party in a legal case during the discovery process of the case. Discovery is the formal investigation that takes place before a case goes to trial. Discovery is governed by court rules and can involve interrogatories (written statements); depositions (oral statements); and requests for admissions (document requests).

Interrogatories are used before a trial to clarify matters of evidence and determine what facts will be presented in a subsequent trial. Interrogatories are commonly used in civil cases, but may also be used in criminal cases under certain circumstances. There are a number of different situations where interrogatories are used.

Interrogatories must be answered by the party they are served to within a specific period of time set forth by applicable legal statues. The questions in interrogatories must be answered under oath or under penalty of perjury. Interrogatories are usually prepared by attorneys and then completed by the answering party with the help of their own attorney who can protect their rights and interests.

Some questions asked in interrogatories are intended to gather some basic information about the litigants which provide pertinent facts about the case. Since the general questions in interrogatories are not specific to individual cases, most jurisdictions have preprinted forms, aptly named form interrogatories, which can be used. These forms have been developed to cover most legal situations where interrogatories are used including: contract disputes, divorce proceedings, landlord-tenant disputes, and more.

Most interrogatories are served based on court recommended procedures and rules in order to avoid discovery disputes. There are, however, some cases when interrogatories contain objectionable questions or lines of questioning. In these cases, the answering party can object to interrogatories on the grounds that they are broad and burdensome. Interrogatories may also be objected to on the grounds of irrelevancy and invasion of privacy.

Interrogatories are not often used in criminal cases because the Fifth Amendment protects criminal defendants from making any statements which might incriminate them. The deposition process is also different in a criminal case, where the defendant has the right to be present when statements from others are presented. This is because the constitution also guarantees the right to be presented with the witnesses against him.

In addition to being used primarily in civil cases, interrogatories can also be submitted to a jury by a judge who requests a general verdict or to learn the basis of a decision. Interrogatories may also be used when the court requires a special verdict from the jury. If you are involved in a legal case or wish to learn more about interrogatories, please contact us to speak with a qualified and experienced legal professional who can evaluate your case and help you complete interrogatories while protecting your legal interests.