Interrogatories & Requests for Production of Documents

This lesson introduces you to two crucial discovery tools used by litigation paralegals: Interrogatories and Requests for Production of Documents. You will learn how these tools are used to gather information and evidence, and how to effectively prepare and respond to them.

Learning Objectives

  • Define and explain the purpose of interrogatories and requests for production of documents.
  • Identify the different types of information that can be obtained through each discovery method.
  • Understand the process for serving and responding to interrogatories and requests for production.
  • Recognize the importance of these tools in the overall litigation process.

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Lesson Content

Introduction to Discovery

Discovery is the process of gathering information relevant to a lawsuit. It allows each side to learn about the other side's case. Two powerful discovery tools are interrogatories and requests for production of documents. These tools are essential for building your client's case and understanding the opposing party's arguments.

Interrogatories: Questions Under Oath

Interrogatories are written questions sent to the opposing party. They require the party to provide written answers, usually under oath. The answers must be based on the party's knowledge and information available to them.

Key Points about Interrogatories:
* Limited in number by court rules (e.g., in federal court, usually limited to 25 questions per party).
* Require specific and detailed answers.
* Can be used to gather factual information, identify witnesses, and learn about the opposing party's legal theories.

Example: An interrogatory in a car accident case might ask: "Describe in detail the events leading up to the collision, including the speed of your vehicle and the actions you took in the five minutes prior to the accident."

Requests for Production of Documents: Gathering Evidence

Requests for Production of Documents (RFPDs) are written requests to the opposing party to produce documents and tangible things that are relevant to the case. This includes physical documents, electronic files (emails, text messages, etc.), photos, videos, and other physical evidence.

Key Points about RFPDs:
* Must be relevant to the case.
* Often used to obtain important evidence, such as medical records, contracts, or photographs.
* The responding party must produce the requested documents or state why they can’t (e.g., they don't exist, are privileged).

Example: An RFPD in a breach of contract case might ask for: "Please produce all documents, including emails, letters, and memos, related to the agreement between the parties."

Serving and Responding to Discovery Requests

The process of sending and responding to discovery requests involves several steps:

  • Serving the Requests: The party sending the interrogatories or RFPDs (the 'propounding party') prepares the documents and serves them on the opposing party. Service is typically done through the mail or electronically.

  • Responding to the Requests: The responding party has a specific deadline (e.g., 30 days) to respond. The response may include answers to interrogatories, the production of documents, and/or objections to certain requests.

  • Objections: If a party objects to a question or a request, they must state the reason for the objection (e.g., the request is irrelevant, the information is privileged).

  • Seeking Court Intervention: If the parties cannot resolve a dispute over discovery, they may need to seek the intervention of the court. The court can order a party to answer interrogatories, produce documents, or impose sanctions.

E-Discovery Considerations

With the rise of electronic communication, e-discovery (electronic discovery) is becoming increasingly important. This includes:

  • Electronic Documents: Emails, text messages, social media posts, and other electronically stored information (ESI) are considered documents.
  • Data Preservation: Parties have a duty to preserve potentially relevant ESI.
  • Search and Review: Paralegals often assist in searching and reviewing ESI for relevance and privilege.
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