Discovery Interrogatories from Defendant to Plaintiff with Production Requests
Note: This summary is not intended to be an all-inclusive
summary of discovery law in the District of Columbia, 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.
District of Columbia Rules of Civil Procedure
The District of Columbia has adopted the District of Columbia Rules
of Civil Procedure for General Sessions-Civil (Class "GS" Actions). The
discovery rules also apply in divorce actions. The District of Columbia
Code Encyclopedia for D.C. Courts explains that the purpose of the rules
governing pre-trial discovery is to reduce the possibility of surprise
at trial by compelling disclosure of revelant facts before trial.
When Depositions May Be Taken: Any party is allowed to take
the testimony of any person by deposition upon oral examination or written
interrogatories for the purpose of discovery or for use as evidence in
the acton or for both purposes. Rule 26(a)
Scope of Examination: Unless otherwise ordered by the court,
the deponent may be examined regarding any matter, not subject to privilege,
which is relevant to the subject matter of the pending action. Rule 26(b)
Depositions
Before Whom Depositions May Be Taken: Within the United States
or within a territory subject to the dominion of the United States, depositions
will be taken before an officer authorized to administer oaths by the laws
of the United States or 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 where the examination
is held, or before a person commissioned by the court, or pursuant to a
letter rogatory. Rule 28(b)
Stipulations: If the parties so stipulate
in writing, depositions may be taken before any person,at any time, or
place, upon any notice, and in any manner. Rule 29
Interrogatories
Any party may serve upon any adverse party written interrogatories.
Interrogatories may be served after commencement of an action and without
leave of the court, except that, if service is made by the plaintiff within
ten days after such commencement, leave of court granted with or without
notice must be obtained. Interrogatories must be answered separately and
fully in writing and under oath.
The number of interrogatories to be served is not limited except
as justice requires to protect the party from annoyance, expense, embarrassment,
or oppression. Rule 33
Production
Upon motion of any party showing good cause and upon notice to all
other parties, the court, in which an action is pending, may order any
party to produce and permit the inspection and copying or photographing
of any designated documents, papers, books, accounts, letters, photographs,
objects, or tangible things which are not privileged and within that particular
party's possession, custody, or control. Rule 34
Physical and Mental Examinations of Persons
If the mental or physical condition of a party is in controversy,
the court may order that party ot submit to a physical or mental examination
by a physician. Rule 35
Requests for Admissions
After commencement of an action a party may serve upon any other
party a written request for the admission by the latter of the genuineness
of any relevant documents described in and exhibited with the request,
or of the truth of any relevant matters of fact set forth in the request.
Rule 36
Compel Discovery
If a party refuses to answer any questions upon oral examination,
the affected persons may apply 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.