Handouts
#12 Articles on paralegals (2)
#13 How to improve your writing through horrible example!
In-Class Deposition
Writing questions to get the most information
Liability-"Tell me everything that contributed to the accident."
Damages- mental/emotional/physical/loss of earnings
Interrogatories
Area that is changing the most- disappearing.
30 days to craft a response, not a hotbed of facts.
Potential for abuse, especially in states with no limits. Most states are curtailing or eliminating. No interrogatories in Oregon. 40 in Washington. 25 Federally.
Written questions that other side must answer under oath within 30 days.
Acceptable to answer a question by referencing a document. EX "That answer is in my tax returns."
Sets- in states with unlimited interrogatories, numbered sequentially.
25=25, can have subparts, but
EX Did you ever report rats? If so please state A. When you reported. B. To whom you reported. C. Nature and content of report. D. All action taken in response.
EX A. Did anyone else report rats? B. Has anyone ever fallen due to a rat?.... BAD. NOT Subparts! No stand-alone questions as sub-questions.
Purpose of Interrogatories
Pro- Simple, inexpensive, efficient.
Can't respond with "I don't know". If within control or custody, must find answer.
Supplemented- updates required -MIDTERM QUESTION
Con- Time to draft self-serving answers.
How to Draft Interrogatories
Clear
Cogent
Concise
- Clear, simple, direct. Less likely to be objected to or evaded.
- Think "can I read this aloud to the jury?"
- Discovery Project- Think first! Review pleadings, consider where you're trying to get, what are issues, what are causes of action, what do I need to prove? Come up with plan before you start writing.
p 275- BAD EXAMPLE
Follow the same form for pleadings.
Definitions and instructions are NOT required.
Applicable Time Period
For documents requested- usually you can go back 5 years. Almost never more than 10 years.
Be careful about being overbroad- include time frame in question. "In the last 5 years..."
Supplementation
Conditional Supplementation in Washington- Interrogatories must be updated if:
1. Incorrect
2. New info since the response
3. Experts
4. Person Most Knowledgeable
5. Asked by opposing party
p 277 B. Instructions for Continuing Interrogatory - to require updates.
Good to ask questions that identify people. Can't send interrogatories to non-parties, but can depose them. Be broad when seeking people. "Please identify anyone with knowledge of the fall." Don't limit to who "saw" the fall, etc.
Experts- you won't find out until opposing party must identify
Don't ask interrogatories that give you yes or no answers, unless you follow them with "If so.." subpart.
"Reasonably calculated to lead to discoverable evidence"
Who, what, where, when, why.
"Please describe, in detail...", "Please explain...", "In your own words..." Narrative questions are allowed in interrogatories.
Find out where discovery is going to go- what documents we need, who to depose, what admissions to request, etc.
