Instructions for Responding to Written Discovery in Civil Cases
Written discovery are written questions and requests for documents, which are a standard part of litigation, routinely initiated by both parties shortly after the personal injury / wrongful termination lawsuit is filed. The purpose of written discovery is for both parties to exchange information, documents and other evidence relevant to the case in order to be informed about each other's position, prepare for settlement negotiations or for trial and also avoid unfair surprises during trial or other proceedings. Each party has the right to and the obligation to comply in good faith with the discovery process.
A number of written discovery tools is available to the litigations: interrogatories, requests for production of documents, requests for admissions, and request for statement of damages.
Below are instructions to help you respond to written discovery:
* Form Interrogatories / Form Interrogatories - Employment Law - these are form questions that must be answered under oath. Please answer only the questions which are check marked. Please make sure you answer every subsection of every question. Read the questions carefully, and make sure your respond to the question asked and only to that question. You are not supposed to be arguing your position or give more information than is asked. You should only provide that information which is specifically asked for. It is perfectly find to answer "I don't remember" or "I don't know" if that's the true answer. If you don't remember the exact answer, estimate to your best ability. For instance, if you are asked how much money you lost in past wage loss as a result of the injury or wrongful termination, you can state "approximately" or "in excess" of $..... Write or type your answers on a separate sheet of paper and forward your draft answers to your attorney. Your attorney will then put your answers in proper form and forwad to the opposing side.
* Special Interrogatories - these are additional questions that a party may propound to the other side to discover more specific information about the case and the allegations. Prepare your answers the same way you would for form interrogatories, as described above.
* Requests for Production of Documents - these are request to produce documents. Please produce all documents in your possession which are responsive to the requests. It's possible that you have given your attorney some or all of the documents responsive. It is also possible that you don't have some of the documents requested. On a separate sheet of paper, please write with regard to each request whether (a) you produce the documents requested or (b) whether you don't have any such documents, or (c) whether you believe that such documents don't exist, or whether (d) you already forwaded them to your attorney. Then, submit your written responses with any responsive documents that you produce to your attorney.
Remember - you don't need to go and get the documents that you don't have available, although that would generally be a good idea if the document requested supports and favors your side of the case.
* Requests for Admissions - these are requests for you to admit or deny certain facts alleged by the other side. On a separate sheet of paper, please write whether you admit or deny each factual allegation made. If you admit, there is no need to explain why. If you deny, please briefly but concisely explain the reason for your denial or a certain request for admission.
* Request for Statement of Damages - these requests are less commonly made, and instruct the responding party to identify each loss and the amount of that loss. For instance, in a personal injury case, the responses will include past wage loss, past medical expenses, future wage loss, future medical expenses, out of pocket expenses, property damages and other expenses.
* Signing Verifications - your answers to written discovery must be "verified." As such, you should sign and date the verification forms for each set of written discovery requests and return the signed verifications along with your answers and any responsive documents you produce to your attorney. Your attorney will send you separate blank verficiation forms.
* Deadline for Responding - generally, your attorney has about 30 days to respond to written discovery. One he/she receives your draft answers, the attorney will have to go over them, put them in form and likely follow up with you on any missing information. As such, it would be very helpful if you could forward your responses to your attorney within 2 weeks or sooner if possible, so that the attorney has enough time to produce the responses to the opposing side in a timely manner.
A number of written discovery tools is available to the litigations: interrogatories, requests for production of documents, requests for admissions, and request for statement of damages.
Below are instructions to help you respond to written discovery:
* Form Interrogatories / Form Interrogatories - Employment Law - these are form questions that must be answered under oath. Please answer only the questions which are check marked. Please make sure you answer every subsection of every question. Read the questions carefully, and make sure your respond to the question asked and only to that question. You are not supposed to be arguing your position or give more information than is asked. You should only provide that information which is specifically asked for. It is perfectly find to answer "I don't remember" or "I don't know" if that's the true answer. If you don't remember the exact answer, estimate to your best ability. For instance, if you are asked how much money you lost in past wage loss as a result of the injury or wrongful termination, you can state "approximately" or "in excess" of $..... Write or type your answers on a separate sheet of paper and forward your draft answers to your attorney. Your attorney will then put your answers in proper form and forwad to the opposing side.
* Special Interrogatories - these are additional questions that a party may propound to the other side to discover more specific information about the case and the allegations. Prepare your answers the same way you would for form interrogatories, as described above.
* Requests for Production of Documents - these are request to produce documents. Please produce all documents in your possession which are responsive to the requests. It's possible that you have given your attorney some or all of the documents responsive. It is also possible that you don't have some of the documents requested. On a separate sheet of paper, please write with regard to each request whether (a) you produce the documents requested or (b) whether you don't have any such documents, or (c) whether you believe that such documents don't exist, or whether (d) you already forwaded them to your attorney. Then, submit your written responses with any responsive documents that you produce to your attorney.
Remember - you don't need to go and get the documents that you don't have available, although that would generally be a good idea if the document requested supports and favors your side of the case.
* Requests for Admissions - these are requests for you to admit or deny certain facts alleged by the other side. On a separate sheet of paper, please write whether you admit or deny each factual allegation made. If you admit, there is no need to explain why. If you deny, please briefly but concisely explain the reason for your denial or a certain request for admission.
* Request for Statement of Damages - these requests are less commonly made, and instruct the responding party to identify each loss and the amount of that loss. For instance, in a personal injury case, the responses will include past wage loss, past medical expenses, future wage loss, future medical expenses, out of pocket expenses, property damages and other expenses.
* Signing Verifications - your answers to written discovery must be "verified." As such, you should sign and date the verification forms for each set of written discovery requests and return the signed verifications along with your answers and any responsive documents you produce to your attorney. Your attorney will send you separate blank verficiation forms.
* Deadline for Responding - generally, your attorney has about 30 days to respond to written discovery. One he/she receives your draft answers, the attorney will have to go over them, put them in form and likely follow up with you on any missing information. As such, it would be very helpful if you could forward your responses to your attorney within 2 weeks or sooner if possible, so that the attorney has enough time to produce the responses to the opposing side in a timely manner.
| sample-response-to-form-interrogatories.pdf |
| sample-response-to-employment-interrogatories.pdf |
| sample-response-to-documents-request.pdf |
