Discovery Interrogatories from Plaintiff to Defendant with Production Requests
Note: This summary is not intended to be an all-inclusive
summary of discovery law in Massachusetts, but does include basic and other
information.
Definitions
Discovery: A procedure designed to allow disclosure
of information between Plaintiffs and Defendants. Written questions,
oral questioning, document production and admissions requests are generally
allowed. Discovery was designed to to prevent trial by ambush.
Interrogatories: Written questions from Plaintiff to
Defendant, or from Defendant to Plaintiff. The questions are mailed
to the Plaintiff, Defendant or the attorney for response in writing.
The answers or responses are usually due between 20-30 days.
Deposition: A procedure where verbal questions are
asked a Plaintiff or Defendant for immediate response. Depositions
are usually recorded by a court reporter, who swears the person to tell
the truth before questioning begins.
Production of Documents: The method of obtaining documents
from the other party relevant to the case such as all documents a party
intends to introduce at trial.
Requests for Admissions: Written questions where you
request the other party to admit or deny some relevant fact.
Objections: Objections may be made to all discovery
questions if the questions are not relevant, or likely to lead to the discovery
of relevant evidence.
Civil Procedure Rules: Virtually all states have adopted
a version of civil procedure rules which include rules dealing with discovery.
Massachusetts Rules of Civil Procedure
Massachusetts has adopted the Massachusetts Rules of Civil Procedure
which contain rules governing discovery. The discovery rules also apply
in divorce actions.
Discovery Methods: Parties may obtain discovery by one or
more of the followings methods: depositions upon oral examinations or written
questions, written interrogatories, production of documents or things or
permission to enter upon land or other property, physical and mental examinations,
and requests for admission. Rule 26(a)
Scope: Parties may obtain discovery regarding any matter,
not privileged, which is relevant to the subject matter involved in the
pending action. Rule 26(b)(1)
Experts: A party may through interrogatories require another
party to identify each person whom the other party expects to call as an
expert witness at trial. Rule 26(b)(4)
Sequence and Timing of Discovery: Unless the court orders
otherwise, methods of discovery may be used in any sequence. Rule 26(d)
Supplementation of Responses: A party who has responded to
a request for discovery with a response that was complete when made is
under no duty to supplement his response to information acquired, except
as follows: the party is under a duty seasonably to supplement his response
with respect to a question concerning the identity and location of persons
having knowledge of discoverable matters and the identity of each person
expected to be called as an expert witness at trial. A party is also
under a duty to amend a prior response if the party knows the response
was incorrect when made or he knows the response though correct when made
is no longer true. Rule 26(e)
Depositions:
Before Whom Depositions May Be Taken: Within the United States,
depositions may be taken before a notary public or a person appointed by
the court. Rule 28(a)
Outside of the United States, depositions may be taken on notice
before a person authorized to administer oaths in the place of examination,
or before a person appointed or commissioned by the court, or pursuant
to a letter rogatory. Rule 28(b)
Stipulations: Unless the court orders otherwise, the parties
may by written stipulation provide that depositions be taken at any time,
any place, and upon any notice. Rule 29
Interrogatories
Any party may serve upon another party written interrogatories to
be answered by the party served. Each interrogatory shall be answered fully
in writing and under oath. Unless ordered by the court, more than one set
of interrogatories may be served on a particular party, but not more than
thirty interrogatories may be served by a party on another party. Rule
33
Production
Any party may serve upon another party a request to produce certain
documents, not privileged, to be inspected and copied. Rule 34
Physical and Mental Examination of Persons
When the mental or physical condition (including the blood group)
of a party, is in controversy, the court in which the action is pending
may order the party to submit to a physical or mental examination by a
physician or to produce for examination the person in his custody or control.
Rule 35
Requests for Admissions
A party may serve upon any other party a written request for the
admission, of the truth of any matters within the scope of Rule 26(B) set
forth in the request, including the genuineness of any documents described
in the request. Rule 36
Compel Discovery
A party, upon reasonable notice to the other parties may apply for
an order compelling discovery. If a party refuses to allow inspection or
fails to answer a question propounded or submitted under Rule 30 or 31,
the discovering party may move for an order compelling an answer. Rule
37
Domestic Actions Discovery Notes
If you require extra time to respond to discovery, you should ask
the other side for an extension in writing. It may also be necessary
to enter an order granting the extension to protect your rights.
Discovery questions are limited in number so select the most important
questions to ask the other side. Don't waste your requests writing
questions that you already know the answer to.
