Interrogatories are composed of questions which are used during the evidence gathering phase or the discovery in a civil lawsuit and those of which are answered under oath. These interrogatories play an important role in supporting a specific source or cause of action, which are used in developing evidences.
After filing a lawsuit, a discovery conference will be conducted by the judge handling the case, resulting to a discovery order. The discovery order will then have a set timeline to use the interrogatories and will set forth other criteria or requirements similar to the usage of interrogatories and other tools of discovery which includes depositions. Now let us start with what are needed to be able to file interrogatories.
Preparing and Filing Interrogatories:
- The Rules of Civil Procedure is required in the court where in the case is pending and must be ready when preparing interrogatories. You should also make sure that you can have access to the particular court's local rules, which may have been adopted regarding the discovery and interrogatories. Failing to follow the said rules could result in you being unable to enter or file the obtained information from the interrogatories into the evidence in the next or coming proceedings.
- Also, go for a discovery schedule that can be set from the court to make use of obtained evidence from interrogatories.
- You should research thoroughly about the issue of the case that would also include relevant facts. These facts and issues will be the guide for questions obtained through interrogatories.
- Make sure to follow the Rules of Civil Procedure that are applicable and the rules of the court when making a rough outline of the interrogatories.
- Offer a waiver of service that is duly executed for interrogatories from the opposing party.
- File the interrogatories where in initially filling the affidavit of service and notice of the interrogatories with the court. Another way could be by filing a waiver of service that is properly executed.
- The opposing party is then expected to respond to the interrogatories at a given time, which will be established by the discovery order given forth by the court. If the opposing party does not respond or return the interrogatories to you within the given period of time, you may go to the court and file a motion to force the other party to produce the interrogatories.
- Review the interrogatories and make sure that those of the opposing party have responded to your queries completely. Use the information gathered to ensure which of the information given will be harmful or helpful to your case.
- If you are thinking of using the interrogatories as evidence at the trial or hearing, you must make sure that they are transmitted to the judge or filed with the court's clerk. Whether the interrogatories can be part of the case's evidence material will differ by jurisdiction, and in which there are rules governed on how these interrogatories are to be handled.