Interrogatories to Defendant for Motor Vehicle Accident
Note: This summary is not intended to be an all-inclusive
summary of discovery law in Maine, 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.
Maine Rules of Civil Procedure
Maine has adopted the Maine Rules of Civil Procedure which contain
rules governing discovery. The discovery rules also apply in divorce
actions.
Discovery Methods: Parties may obtain discovery by
the following methods: depositions upon oral examination, or written questions,
written interrogatories, production of documents or things or permission
to enter land or other property for inspection, physical and mental examinations,
and requests for admissions. 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 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 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 of a party is an issue, the
court may order the party to submit to a physical or mental examination
by a licensed physician or a mental examination by a licensed psychologist.
Rule 35
Requests for Admissions
A party may serve upon another party a written request for the admission
of the truth of any matters set forth, including the genuineness of any
documents described in the request. Rule 36
Compel Discovery
A party, upon reasonable notice to other parties and all persons
affected thereby, may apply for an order compelling discovery. 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.