Interrogatories And Requests For Production Of Documents

Interrogatories have to be answered truthfully and to the best of one’s ability and sworn to under oath (with a notarized signature). They are usually accompanied by Requests For Production Of Documents, which can be equally offensive and which also have to be answered.

These papers are frequently served shortly after the Respondent has responded. This process is an opportunity to obtain facts and documents to support one’s case and to test the strength of the opponent’s case. It is often a useful tool for both sides to have the answers before mediation, so that items such as bank accounts and debts are known in order to get to a fair resolution.

Discovery – another name for this process – is very broad. Information may not be relevant but is still discoverable on the theory that it may lead to relevant evidence. There are occasionally interrogatories and document requests to which an objection can be made (and sustained), but usually this occurs when the requested information or document is considered privileged, for example, because it is subject to the attorney-client privilege.

The court also requires the parties to exchange certain information documents – near the beginning of the case as what is known as Rule 401 Disclosures and before trial as what is known as Pretrial Compliance. There is considerable duplication, even triplication to what is required. It is what it is.