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3. When and where did you treat? When and where were you treated? When answering interrogatories, the goal is to give the defense as little ammunition as possible to use against our client. No "not applicable" or partial answers for you! and the burden of deriving or ascertaining the answer [must be] substantially the same for the party You must then respond to the extent the request is not objectionable. But just because they ask doesn't mean you have to answer. Only answer exactly what is asked. In some states, your answers may need to be signed in front of a notary as well. If there's a factual dispute where the issuing party "knows" the answer, the answering party can't challenge it. Your responses must be truthful, complete, and returned in a timely manner. ANSWER NO. Lastly, one of the most dangerous questions in interrogatories from the defense is the question about previous accidents. TIP! Interrogatories are written questions one party sends to the other to be answered under oath. For a list of current rental assistance programs, click here. You do not file your written responses with the court. You must file all new cases in the county where the judgment debtor resides. Ive seen this rule play out in thousands of cases and believe it to be 100% true. The party served with interrogatories must answer or object to each question. An example of a standard list question might read, "List the names, business addresses, dates of employment, and rates of pay regarding all employers for whom you have worked over the past five years.". She disclosed an accident that happened two years before the accident in question, and another one a few years before that. Pay very careful attention to the specific words of the questions. As you answer the questions, keep narrative ones concise, answer yes-or-no questions simply, and complete list questions as thoroughly as possible. Some attorneys disagree on whether you need to include the words under oath in your statement. in your own case so you can adequately prepare for settlement negotiations or trial. If you are represented by an attorney, he or she will guide you through the process. Describe in detail each act or omission on the part . Ever been to Capital Health Plans Urgent Care Facility? You need to send a copy of your responses to everyone involved in the case. If you have to qualify an answer or deny only a part, you must specify the part that is true and deny the rest. If the deponent cannot testify at trial, the questions and answers might be read to the jury as evidence. Written Questions ("Written Interrogatories") (The court rule about these is CR 33.) Florida Handbook on Civil Discovery Practice - Floridatls.org The exact deadline can vary if the judge presiding over the case decides to set a different time limit. . A party may serve on another party - no later than 30 days before the end of the discovery period -written interrogatories to inquire about any matter within the scope of discovery except matters covered by Rule 195. Have you ever been a member of Capital Health Plan? Football? Interrogatories are written questions that either the defense or the plaintiff involved in litigation can send to the opposing attorney (assuming the case is being handled by an attorney). They could also ask the other side to admit or deny statements or opinions of fact, the application of law to fact, or whether a document is genuine. When and where? References. The reality is that if there are mistakes made in the interrogatories, it is almost always the attorneys fault. 3 attorney answers. Have you ever been hospitalized? The added second sentence in the first paragraph of Rule 33 conforms with a similar change in Rule 26(a) and will avoid litigation as to when the interrogatories may be served. Have you ever suffered headaches? (NRCP 34; JCRCP 34. P. 197.1. 1: I own a 1995 Chevy Camaro. For example, if you are in a contract dispute case regarding a specific purchase, and you are given an interrogatory that says, Please identify your annual income for the past three years and provide copies of tax returns, this would be objectionable. ANSWER NO. Although state laws do differ (make sure you follow them! The specific deadline depends on the procedural rules of the court or agency where you filed an action. When a party to a civil case needs to get information from the other side, she can serve the other side with written requests called discovery requests. These requests might include: If you have received discovery requests (which would probably come in the mail), you have thirty days to mail your written responses back to the other side. In some cases, there may be more than one plaintiff, or more than one defendant. Have you ever slipped and fell at home? If you are uncertain about a particular question, consult with your attorney. 2: What is the license plate number of your automobile? When and where? In most states, the Rules of Civil Procedure will follow the same numbering structure as the Federal Rules of Civil Procedure. Tenants filing Answers/Affidavits for eviction notices in Las Vegas can file online from www.lacsn.org/efile by choosing ''SUMMARY EVICTION: Tenant's Answer.'' Your responses must be truthful, complete, and returned in a timely manner. Make sure you keep a copy of your responses for your records. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. You must respond to interrogatories in writing to the best of your ability. Hiding documents and information will hurt you in the long run and could get you sanctioned by the court. If you are representing yourself, there are several details and strategies you need to keep in mind when responding to interrogatories. For instance, if the defense asks, Describe the incident described in the Complaint in detail and all actions taken by you to prevent the incident. An appropriate answer might be, Rear-end collision. If the client did nothing to prevent the collision, dont say anything about it. Read each question very carefully. 2: Please produce a copy of any traffic ticket or citation you received on January 31, 2014. Any false statements could be punished by the court. In the end, if you truly dont know, you could estimate or answer that you dont know. Each answer is numbered like the interrogatory, and are answered in the same order. Always read the questions carefully, and answer only the question that is asked. Federal Rule of Civil Procedure 34(b)(2)(C) specifically requires an objection to state whether any . This is extremely important. Such practice invites potentially sanctionable conduct. They can be used in various types of cases - most frequently family law and civil litigation cases. Each party must answer the questions truthfully, in writing, and under oath. There may be limits on how many interrogatories are allowable in your jurisdiction. STEP 4 Once you have received your copy of the ANSWERS TO INTERROGATORIES, you must prepare and submit (NRCP 34(a); JCRCP 34(a).). Rule 197 - Interrogatories to Parties 197.1 Interrogatories. Objections can be tricky and complicated! In legal terms, interrogatories are formal written requests in the form of questions issued by a party in a lawsuit to another party. Almost inevitably, the defense will ask, Who is answering the interrogatories? Its very important to answer that question by stating the clients name, with assistance of counsel. By adding the phrase, with assistance of counsel, the client has a way out of any mistakes made. It also doesnt talk about depositions or what you might need to do if youve received a notice requiring you to appear for one. RESPONSE NO. R. CIV. If you are not represented by an attorney, then call the other party (or his or her attorney) directly and discuss an extension. Secondly, only answer questions you must answer. Federal Rules of Civil Procedure, Rule Number 33, allows 25 questions, including all discrete subparts. This means that you can break a multiple part question into its parts and count each part. Well, the defense attorney found out, and he made a very big deal out of it at trial. The value of a personal injury case is often dependent upon how well the case is litigated. Put our 30 years of experience to work for the benefit your case. They ask a "Yes/No" question, with a follow-up question only if your answer to the first part is "yes." Examples of these are: Do you wear glasses, contact lenses, or hearing aids? Without waiving this objection and to the extent I understand this question, my car is red and in good condition. Have you ever suffered numbness or tingling in your arms or legs? (For example, if the dispute concerns interrogatories, the interrogatories at issue and the response thereto . Here are some things to remember when preparing your answers to interrogatories: You must retype each of the interrogatories, and then follow each interrogatory with your answer. Interrogatories are most useful as a means to obtain basic information such as witness names; the facts underlying a vague or indefinite statement in a pleading; or to ask simple, unambiguous questions. When and where? If you are represented by an attorney, and the attorney provided language for any objections, then the attorney will also sign in support of those objections. The person being questioned (the "deponent") must answer under oath, and the answers are recorded for later use at trial. This one simple step can help you avoid embarrassing typos or confusion that might allow your opponent to object to your interrogatories. In most courts, repeating the question is not required, but it is helpful and generally expected, to make reviewing the answers easier. If you simply do not have enough information or knowledge to admit or deny the request, and you have made a reasonable inquiry to get the information, you can say something like, I have made a reasonable inquiry and the information known or obtainable is insufficient to enable me to admit or deny.. If you are just late, then at first, the court may just order you to answer. If you do not mail your answers back within thirty days, the court could sanction you. An example of an impermissibly compound objection would be, "Name each person who was present at the accident, and for each person describe what he or she saw, give that person's address and work experience, and provide a history of the repairs that you have had done on the car.". We use cookies to make wikiHow great. Have you ever had a slip and fall accident? You simply mail the original back to the other side. There was nothing we could have done to prevent the incident. 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. In the first way, you can be straightforward and tell the person in an assertive but mild tone that you would not be answering the question. All content Legal Aid Center of Southern Nevada 2023, Responding To The Other Side's Requests For Information, Pleading Stage: Filing A Complaint or Responding To A Complaint, Discovery Stage: Getting The Information You Need, Pre-Trial Stage: Filing And Opposing Motions, How to respond to requests for production of documents, How to respond to requests for admissions, Interrogatories, which are written questions about things that are relevant or important to the case. "Any" means one or more. Interrogatories are a helpful discovery tool for obtaining written answers to questions directed to your opponent which you can use to support your claims or defenses in a lawsuit. You are not required to conduct any special research in order to answer interrogatories, but you are expected to look up some information that you would reasonably have available. You can download a form to help you prepare your Responses to Request for Production of Documents by clicking one of the formats underneath the forms title below: JUSTICE COURT RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTSPDF Fillable, DISTRICT COURT RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTSWord Fillable. Have you ever twisted your back? Do not answer the second part of the question. An improperly formatted set of interrogatories could give your opponent grounds for an objection and slow down the discovery process. If you are representing yourself in a lawsuit, sending out interrogatories can help you gather facts for your case. If describing injuries, mention any and all injuries linked to the incident, including those you believe to be minor. If you have received interrogatories, you have thirty days to prepare your written answers (unless the court has ordered something else). RESPONSE NO. The answers provided by the debtor may assist a creditor in determining whether he/she has assets that may be attached or garnished to satisfy an unpaid judgment. "Base materials" means acrylic or any similar substance used in connection with prefabricated artificial teeth to make dentures. If a requests asks to inspect a certain item, thing, or place (and you do not intend to object and the request is otherwise acceptable), simply say something like, Inspection and related activities will be permitted as requested., If you do not have the document being requested, simply say something like, I do not have any such document in my possession, custody, or control.. Have you ever injured either of your arms? The general rule governing the use of answers to . State the name, address, and business telephone number of each . Attorneys seeking practical litigation experience will also benefit from the discussion of interrogatories in this article. You could use statements like I do not mean to be rude, but I'd rather not answer this question. *** The answering party shall set forth in full each interrogatory being answered immediately preceding the answer." (Emphasis added.) {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/8\/84\/Respond-to-Interrogatory-Questions-Step-1-Version-2.jpg\/v4-460px-Respond-to-Interrogatory-Questions-Step-1-Version-2.jpg","bigUrl":"\/images\/thumb\/8\/84\/Respond-to-Interrogatory-Questions-Step-1-Version-2.jpg\/aid5730017-v4-728px-Respond-to-Interrogatory-Questions-Step-1-Version-2.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"