Interrogatories to Defendant for Motor Vehicle Accident
Note: This summary is not intended to be an all-inclusive
summary of discovery law in Connecticut, 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.
Connecticut Rules of Court
Connecticut has adopted the Connecticut Rules of Court for Procedures
in Family Matters. The applicable provisions are contained in Chapter 25
of the rules. Section 25-1 states that the rules in Chapter 25, includes
but is not limited to the dissolution of marriage, legal separation, and
other domestic actions. Section 25-31 provides that Sections 13-1 through
13-11 inclusive, 13-3 through 13-16 inclusive, and 13-17 through 13-32
of the rules of practice inclusive, apply to family matters as defined
in Section 25-1.
Chapter 13 of the Connecticut Rules of Court contain provisions
for discovery and depositions and are applicable to all family matter actions.
Scope of Discovery: Parties may obtain information or disclosure,
production and inspection of papers, books or documents material to the
subject matter of the pending action, which are not privileged. Section
13-2
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. Section 13-4
Interrogatories
Written interrogatories may be served upon any other party without
leave of the judicial authority at any time after the return day. The party
serving the interrogatories shall leave sufficient space following each
interrogatory in which the party to whom the interrogatories are directed
can insert an answer. Section 13-6.
The interrogatories must be answered under oath by the party to
whom they are directed and such answers shall not be filed with the court,
but shall be served within thirty days after the date of certification
of service. The party requested to answer the interrogatories may file
a request for an extension of time, for not more than thirty days, within
the initial thirty day period. Section 13-7
Production
Any party may serve on any other party a request (i) to produce
and permit the party making the request, or someone acting on his behalf,
to inspect and copy, any designated documents (including writings, drawings,
graphs, charts, photographs, phono-records, and other data compilations
from which information can be obtained, translated, if necessary, by the
respondent through detection devices into reasonably usable form), or to
inspect and copy, test, or sample any tangible things which constitute
or contain matters which are in the possession, custody or control
of the party upon whom the request is served. Section 13-9
Physical or Mental Examination
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. Section 13-11
Compel Discovery
If a party has failed to answer interrogatories or to answer them
fairly, or has intentionally answered them falsely, the serving party,
upon reasonable notice to all parties and all persons affected thereby,
may apply for an order compelling discovery. Section 13-14
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.