Drafting Basic Legal Documents: Discovery

This lesson introduces the fundamentals of discovery documents, specifically focusing on interrogatories and requests for production of documents. You'll learn how to draft basic requests and responses, building the foundational skills needed for litigation support.

Learning Objectives

  • Define and differentiate between interrogatories and requests for production of documents.
  • Identify the components of a well-drafted interrogatory and request for production.
  • Draft basic interrogatories and requests for production.
  • Understand the basic principles of responding to discovery requests.

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Lesson Content

Introduction to Discovery

Discovery is the process where parties in a lawsuit gather information from each other. It's a crucial part of litigation, allowing each side to understand the other's case and prepare for trial. There are several methods of discovery, including interrogatories, requests for production of documents, depositions, and requests for admission. Today, we'll focus on interrogatories and requests for production.

Interrogatories: Questions Under Oath

Interrogatories are written questions sent to the opposing party. They must be answered in writing, under oath, and within a specific timeframe (usually 30 days, but this can vary by jurisdiction).

Components of an Interrogatory:

  • Heading: Includes the court name, case number, and parties' names.
  • Introduction: Often states the party propounding the interrogatories and the party to whom they are addressed. It also might include definitions of terms used.
  • Interrogatories: The questions themselves. They should be clear, concise, and related to the facts of the case. Each interrogatory is numbered.
  • Closing: A statement requiring the party to respond under oath.

Example Interrogatory:

Caption: (Court Name, Case Number, etc.)

Introduction: Plaintiff, [Plaintiff's Name], by and through counsel, propounds the following Interrogatories to Defendant, [Defendant's Name], to be answered fully, in writing, and under oath, within thirty (30) days of service of these Interrogatories.

Interrogatories:
1. State your full name, current address, and date of birth.
2. Identify all witnesses to the events described in the Complaint.
3. Describe in detail the events that occurred on [Date of Incident].

Closing:
These Interrogatories are submitted to you, pursuant to [Relevant Rule of Procedure], and require a sworn response.

Requests for Production of Documents: Providing Evidence

Requests for Production of Documents (or just "Requests for Production") are written requests to the opposing party to produce documents and other tangible things. This can include documents, photos, videos, emails, electronic files, and other physical evidence. Similar to interrogatories, the responding party must produce the requested items within a specified timeframe.

Components of a Request for Production:

  • Heading: Similar to interrogatories (court, case number, parties).
  • Introduction: States the requesting party and the party from whom documents are requested. Might include a definition of 'documents' as used.
  • Requests: Specific requests for documents. Each request is numbered and should clearly describe the documents being sought.
  • Closing: A statement specifying the requested timeframe and manner of production.

Example Request for Production:

Caption: (Court Name, Case Number, etc.)

Introduction: Plaintiff, [Plaintiff's Name], by and through counsel, requests that Defendant, [Defendant's Name], produce the following documents for inspection and copying within thirty (30) days of service of these Requests. For purposes of these Requests, "documents" includes any written, recorded, or electronic material.

Requests:
1. Produce all documents related to the contract between Plaintiff and Defendant.
2. Produce all emails sent or received by Defendant concerning the events described in the Complaint.
3. Produce all photographs taken of the scene of the incident.

Closing: These Requests are made pursuant to [Relevant Rule of Procedure]. Documents should be produced to [Location or Method of Production].

Responding to Discovery

Responding to discovery involves more than just answering questions or providing documents. You must conduct a reasonable search for the requested information and documents. Responses should be timely and, in general, responses to discovery must be signed by the party under oath or by their attorney, to attest to the accuracy and truthfulness of the responses and to certify that the responding party has fully complied with all obligations to produce discovery.

Key Considerations when responding to Discovery:

  • Objections: A party may object to an interrogatory or a request for production if it is irrelevant, seeks privileged information (e.g., attorney-client communications), or is unduly burdensome.
  • Providing Responsive Information: If a question is not objected to, you must provide a complete and accurate answer, based on the information available to you.
  • Document Production: Documents must be produced as they are kept in the usual course of business or organized by the categories of requests.
  • Signing Under Oath: As mentioned, discovery responses are usually signed under oath, so truthfulness is paramount.
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