Civil Litigation Process and Procedures

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Civil Litigation Process and Procedures

Third Edition

Chapter 13 Interrogatories

and Requests for Production

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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

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Learning Objectives

^{(2 of 2)}

• Prepare requests and responses to requests for production

• Understand the new requirements related to electronic discovery

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Learning Objective 1

Define interrogatories and requests for production of documents and things and understand the best use of each

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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

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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 rules

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Interrogatories & Requests for Production

^{(2 of 4)}

• Interrogatories

 May be objected to if a privilege exists

 Answers signed by attorney for the opposition

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Interrogatories & Requests for 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

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Interrogatories & Requests for 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

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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)

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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)

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Exhibit 13.3 Request for Production of

Documents

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Learning Objective 2

Discuss the discovery time frame and how it may be modified

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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

cause

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Learning Objective 3

Draft questions and answers for interrogatories

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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

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Drafting Questions and Answers to Interrogatories

^{(2 of 9)}

• Drafting Questions

 What to ask and how to ask it is a process that includes analysis of underlying claims, needed evidentiary proof, and strategy

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Drafting Questions and Answers to Interrogatories

^{(3 of 9)}

• 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

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Drafting Questions and Answers to Interrogatories

^{(4 of 9)}

• Serving Interrogatories

 May be served on the other party without leave of court

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Drafting Questions and Answers to Interrogatories

^{(5 of 9)}

• Preparing Responses

 Follows process similar to creating interrogatories

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Drafting Questions and Answers to Interrogatories

^{(6 of 9)}

• Review for Objections to Questions

 Objectionable Questions

• Privileged Communications

• Work Product

• Trade Secrets

• Duplicative Materials

• Vague, Overly Broad, or Burdensome

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Drafting Questions and Answers to Interrogatories

^{(7 of 9)}

• Motion for Protective Order

 Asks the court to determine whether certain information must be disclosed in discovery

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Drafting Questions and Answers to Interrogatories

^{(8 of 9)}

• Meet with the Client to Answer Interrogatories

 Note discrepancies and reconcile

 Some may change the entire outcome of the client's case

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Drafting Questions and Answers to Interrogatories

^{(9 of 9)}

• Reviewing Answers to Interrogatories

 Ensure they are fully answered

 Identify objections

 May reveal new areas for discovery

 May reveal new theories

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Learning Objective 4

Prepare requests and responses to requests for production

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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

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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

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Preparing Responses

^{(1 of 2)}

• Responding to Requests for Production

 Very similar to preparing responses to interrogatories

 Review for relevance

 Review for objectionable requests

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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

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Learning Objective 5

Understand the new requirements related to electronic discovery

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Electronic Discovery – The Process

^{(1 of 4)}

• E-Discovery is the discovery of documents

created, disseminated, and stored via electronic means

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Electronic Discovery – The Process

^{(2 of 4)}

• 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

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Electronic Discovery – The Process

^{(3 of 4)}

• Know the Client

 Legal team must understand the client's IT structure

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Electronic Discovery – The Process

^{(4 of 4)}

• Privileged Materials

 Thoroughly review to avoid inadvertent disclosure

 Use "claw-back" provision

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