Civil Litigation Process and Procedures

Third Edition

Chapter 13

Interrogatories

and Requests for

Production

Learning Objectives (1 of 2)

• Define interrogatories and requests for production

of documents and things and understand the best

use of each

• Discuss the discovery time frame and how it may

be modified

• Draft questions and answers for interrogatories

Learning Objectives (2 of 2)

• Prepare requests and responses to requests for

production

• Understand the new requirements related to

electronic discovery

Learning Objective 1

Define interrogatories and requests for production

of documents and things and understand the best

use of each

Introduction

• Interrogatories and Requests for Production occur

early in the discovery phase of the litigation

process

• Often submitted to the opposition at the same time

• Questions and requests often form the basis for

other forms of discovery

Interrogatories & Requests for

Production (1 of 4)

• Interrogatories

Formal request for written answers to written

questions

Answers are made under oath and must be

submitted within the interval required by the

Production (2 of 4)

• Interrogatories

May be objected to if a privilege exists

Answers signed by attorney for the opposition

Production (3 of 4)

• Production of Documents

Not limited to documents

Includes tangible things, electronic documents

and entry upon the land of another

Includes movable and non-movable items

Production (4 of 4)

• Requests for Production

Answers to requests must be submitted within

the interval required by the rules

Answer indicates whether inspection is

permitted or not

Requests for inspection may be made on non-

parties to the suit

Exhibit 13.2 Sample Interrogatories in Federal Court for Cases Involving Electronic Discovery

Source: From Sample Interrogatories in Federal Court for Cases involving Electronic Discovery,

Sample Forms and Pleadings, 2006. Reproduced by the permission of Kroll Ontrack Inc. (1 of 2)

Exhibit 13.2 Sample Interrogatories in Federal Court for Cases Involving Electronic Discovery

Source: From Sample Interrogatories in Federal Court for Cases involving Electronic Discovery,

Sample Forms and Pleadings, 2006. Reproduced by the permission of Kroll Ontrack Inc. (2 of 2)

Exhibit 13.3 Request for Production of

Documents

Discuss the discovery time frame and how it may be

modified

Time Frame for Discovery

• Discovery may occur without permission of the

court as long as the trial is not delayed

• Deadlines may be extended informally between

the parties or by motion to the court for good

Draft questions and answers for interrogatories

Drafting Questions and Answers to

Interrogatories (1 of 9)

• Initial Disclosures

Most jurisdictions limit the number of

interrogatories

Parties are also required to make certain

additional information available through the

mandatory disclosure process

• Drafting Questions

What to ask and how to ask it is a process that

includes analysis of underlying claims, needed

evidentiary proof, and strategy

• Drafting Questions

Identify Claims, Defenses, and Issues from

pleadings

Analyze information already disclosed to ensure

satisfaction of elements of claims/evidentiary

requirements

Decide which questions to include in the

interrogatory

• Serving Interrogatories

May be served on the other party without leave

of court

• Preparing Responses

Follows process similar to creating

interrogatories

• Review for Objections to Questions

Objectionable Questions

• Privileged Communications

• Work Product

• Trade Secrets

• Duplicative Materials

• Vague, Overly Broad, or Burdensome

• Motion for Protective Order

Asks the court to determine whether certain

information must be disclosed in discovery

• Meet with the Client to Answer Interrogatories

Note discrepancies and reconcile

Some may change the entire outcome of the

client's case

• Reviewing Answers to Interrogatories

Ensure they are fully answered

Identify objections

May reveal new areas for discovery

May reveal new theories

Prepare requests and responses to requests for

production

Drafting Requests for Production (1 of 2)

• Designed to obtain all tangible materials

regardless of how they were created or stored

• Forces the legal team to obtain original

documents from client

• Forces the legal team to read and evaluate

contents of documents and organize them

Drafting Requests for Production (2 of 2)

• Preparing a Request for Documents

Almost identical to preparing questions for

interrogatories

Review pleadings

Review answers to interrogatories

Preparing Responses (1 of 2)

• Responding to Requests for Production

Very similar to preparing responses to

interrogatories

Review for relevance

Review for objectionable requests

Preparing Responses (2 of 2)

• Reviewing Responses to Requests for Production

Can be tedious to revue large volume of

documents

Follow through on all objections

Motion to compel may be necessary

Understand the new requirements related to

electronic discovery

Electronic Discovery – The Process (1 of 4)

• E-Discovery is the discovery of documents

created, disseminated, and stored via electronic

• Legal Team Must Meet and Discuss

How to produce electronic information

How to screen information

Locate and distinguish relevant from privileged

information

How to protect inadvertent disclosure of

privileged information

• Know the Client

Legal team must understand the client's IT

structure

• Privileged Materials

Thoroughly review to avoid inadvertent

disclosure

Use "claw-back" provision

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