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 Washington, 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.
Washington Rules of Civil Procedure
Washington has adopted the Washington Rules for the Superior Court.
The discovery provisions are contained in the Washington Superior Court
Rules. 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)(5)
Sequence and Timing of Discovery:
Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice,
orders otherwise, methods of discovery may be used in any sequence and
the fact that a party is conducting discovery, whether by deposition or
otherwise, shall not operate to delay any other party's discovery. 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 state, depositions may be taken before the following officers: court commissioners,
superior courts, judicial officers, judges of the Supreme and Superior
Courts, inferior judicial officers, notaries public, and special commissions.
Rule 28
Within the United States or within a territory or insular possession
subject to the dominion of the United States, depositions shall be taken
before an officer authorized to administer oaths by the laws of the United
States or of the place where the examination is held, or before a person
appointed by the court in which the action is pending. Rule 28(a)
In a foreign country, depositions may be taken on notice before
a person authorized to administer oaths in the place in which the examination
is held, either by the law thereof or by the law of the United States,
or before a person commissioned by the court, and the person so commissioned
shall have the power by virtue of his commission to administer any necessary
oath and take testimony, or pursuant to a letter rogatory or a letter of
request, or pursuant to the means and terms of any applicable treaty or
convention. 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 separately
and fully in writing under oath, unless it is objected to, in which event
the reasons for objection shall be stated in lieu of an answer. 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 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 Rules 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.
