Tips & Tactics How to Use Interrogatories …
Interrogatories are written demands for information that force the
other side to provide facts you need to win your lawsuit, written
demands the other side must answer in writing … under oath!
That’s case-winning power … if you know how to use it!
We can’t teach you everything you need in these weekly Tips & Tactics
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The Always Question: Here’s an interrogatory I use every
time. “Identify all persons having first-hand knowledge of any fact
relevant to the outcome of this case and, with respect to each such
person, state the facts known and whether you intend to call such
person at trial.”
You’re sure to get, “Objection, overly broad, unduly burdensome, seeks
to inquire into the attorney-client privilege,” etceteras ad nauseum.
That’s ok. You’ll then file a motion to compel answers, and when you
get to the hearing on your motion you’ll explain to the judge why the
other side should be compelled to tell you the name, address, phone
number, facts known, and so forth. The judge will grant your motion,
because you will support it with a memorandum citing several
controlling appellate court cases making clear that to deny this
information is an automatic reversal on appeal.
The Stupid Question: It never fails to amaze me how some lawyers tack
on an interrogatory asking the person answering to identify himself or
herself. That person’s signature will be appended to the end of their
response, and the notary will attest that the same person swore to the
answers. Every state and federal court limits the number of
interrogatories you’re allowed to use. It makes no sense to ask for
information you don’t need. Use interrogatories only to get information
you need to win!
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