CALIFORNIA CIVIL LITIGATION INTERROGATORIES 2005 by Thomson Delmar

  • Slides: 28
Download presentation
CALIFORNIA CIVIL LITIGATION INTERROGATORIES © 2005 by Thomson Delmar Learning. All Rights Reserved. 1

CALIFORNIA CIVIL LITIGATION INTERROGATORIES © 2005 by Thomson Delmar Learning. All Rights Reserved. 1

INTERROGATORIES— written questions by parties to parties’ written responses, under oath. 2

INTERROGATORIES— written questions by parties to parties’ written responses, under oath. 2

ADVANTAGES OF INTERROGATORIES 1. Inexpensive 2. Broad (all info available) 3. Paralegal intensive 4.

ADVANTAGES OF INTERROGATORIES 1. Inexpensive 2. Broad (all info available) 3. Paralegal intensive 4. Allows time for research 5. Discovers contentions 3

DISADVANTAGES OF INTERROGATORIES 1. 2. 3. 4. Encourage gamesmanship Not spontaneous Easy to evade

DISADVANTAGES OF INTERROGATORIES 1. 2. 3. 4. Encourage gamesmanship Not spontaneous Easy to evade Only used for parties 4

TYPES OF INTERROGATORIES State court: Special (drafted) Official forms Federal court: Special (drafted) 5

TYPES OF INTERROGATORIES State court: Special (drafted) Official forms Federal court: Special (drafted) 5

INTERROGATORIES IN STATE PRACTICE Unlimited Civil Cases 6

INTERROGATORIES IN STATE PRACTICE Unlimited Civil Cases 6

FORMAT OF DOCUMENT ¨ Caption ¨ Title ¨ Heading ¨ Introduction ¨ Interrogatories ¨

FORMAT OF DOCUMENT ¨ Caption ¨ Title ¨ Heading ¨ Introduction ¨ Interrogatories ¨ Subscribed 7

FORMAT OF INTERROGATORIES ¨ Numbered consecutively set to set ¨ Not combined with other

FORMAT OF INTERROGATORIES ¨ Numbered consecutively set to set ¨ Not combined with other discovery ¨ No space for answers 8

INTERROGATORY RULES ¨ Each complete and independent ¨ No preface or instructions ¨ No

INTERROGATORY RULES ¨ Each complete and independent ¨ No preface or instructions ¨ No subparts ¨ Definitions capitalized in each ¨ Not compound, conjunctive, disjunctive 9

Caption, Heading 1 2 3 4 5 6 7 8 9 10 11 12

Caption, Heading 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Alma Howardson, Esq. SBN 95309 1234 Main St. Vista View, CA 99999 555 -5555 Attorney for Plaintiff Smith SUPERIOR COURT OF MOUNTAIN COUNTY James Smith, plaintiff, ) v. ) Robert Jones, and Does) 1 -5, defendants. ____________ ) Case No. 12345 -6 INTERROGATORIES ) Propounded by: Plaintiff Propounded to: Defendant Set No. Two 10

Interrogatories 16 17 18 19 20 21 22 23 24 25 26 Pursuant to

Interrogatories 16 17 18 19 20 21 22 23 24 25 26 Pursuant to the Code of Civil Procedure § 2030, plaintiff James Smith, requests that defendant, Robert Jones, serve verified answers to the following special interrogatories within 30 days after service hereof: 7. State all facts upon which you base your general denial of the complaint herein. 8. IDENTIFY all persons you contend have knowledge of any facts upon which you base your general denial. AS USED IN THIS INTERROGATORY, “IDENTIFY” MEANS STATE THE NAME, ADDRESS AND TELEPHONE NUMBER OF EACH SUCH PERSON, AND SPECIFY THE KNOWLEDGE THAT YOU CONTEND HE OR SHE POSSESSES. ___________ Smith v. Jones Plaintiff’s Interrogatories, Set Two page 1 11

OFFICIAL FORMS— still meet format requirements even though they: ¨have an introduction, ¨are not

OFFICIAL FORMS— still meet format requirements even though they: ¨have an introduction, ¨are not complete and independent, ¨have subparts, ¨have definitions, and ¨are compound. 12

“RULE OF 35” ¨ Unlimited Official Forms, “Economic Litigation” forms optional ¨ Special Interrogatories

“RULE OF 35” ¨ Unlimited Official Forms, “Economic Litigation” forms optional ¨ Special Interrogatories limited to 35 unless “Declaration of Necessity” ¨ Two “Supplemental Sets” permitted 13

INTERROGATORIES IN STATE PRACTICE Limited Civil Cases 14

INTERROGATORIES IN STATE PRACTICE Limited Civil Cases 14

SPECIAL INTERROGATORIES — have same form and format as unlimited civil cases. 15

SPECIAL INTERROGATORIES — have same form and format as unlimited civil cases. 15

OFFICIAL FORMS “Economic Litigation” forms are mandatory. 16

OFFICIAL FORMS “Economic Litigation” forms are mandatory. 16

“RULE OF 35” 35 aggregate total of all discovery! Each form interrogatory, each drafted

“RULE OF 35” 35 aggregate total of all discovery! Each form interrogatory, each drafted interrogatory, each document request, and each deposition count toward the maximum 35 (without leave of court)— no declaration of necessity! 17

INTERROGATORIES IN FEDERAL PRACTICE 18

INTERROGATORIES IN FEDERAL PRACTICE 18

FORM AND FORMAT Identical to state court except ¨limit in local rules, exceeded only

FORM AND FORMAT Identical to state court except ¨limit in local rules, exceeded only by court order ¨may have introduction ¨leave room for responses 19

THREE CATEGORIES OF INTERROGATORIES 1. Contention 2. Fact 3. Document identification 20

THREE CATEGORIES OF INTERROGATORIES 1. Contention 2. Fact 3. Document identification 20

RESPONDING TO INTERROGATORIES 21

RESPONDING TO INTERROGATORIES 21

OPTIONS 1. Seek protective order to avoid response. 2. Respond under oath within 30

OPTIONS 1. Seek protective order to avoid response. 2. Respond under oath within 30 days (+5 if mailed) 3. Fail to respond—risk waived objections, sanctions. 22

DRAFTING RESPONSES 1. Assert all possible objections. 2. Respond fully and completely. 3. Produce

DRAFTING RESPONSES 1. Assert all possible objections. 2. Respond fully and completely. 3. Produce documents instead of compiling info. 4. Serve original with respondent’s verification. 23

RESPONSE OPTION Respondent may provide documents as kept in course of business rather than

RESPONSE OPTION Respondent may provide documents as kept in course of business rather than compile summaries, facts. 24

LACK OF RESPONSE Propounder may move for order compelling responses, and for sanctions. All

LACK OF RESPONSE Propounder may move for order compelling responses, and for sanctions. All objections are waived. 25

DEFECTIVE RESPONSE STATE COURT If propounding party disputes responses or objections, counsel must meet

DEFECTIVE RESPONSE STATE COURT If propounding party disputes responses or objections, counsel must meet and confer to resolve. If no resolution, propounder can move to compel and for sanctions, within 45– 50 days of service. 26

DEFECTIVE RESPONSE FEDERAL COURT Same as state court, but no time limit for motion

DEFECTIVE RESPONSE FEDERAL COURT Same as state court, but no time limit for motion to compel. 27

SUMMARY Interrogatories, Drafted and Form PREVIEW Requests for Admission 28

SUMMARY Interrogatories, Drafted and Form PREVIEW Requests for Admission 28