Checklist: Procedures for Interrogatories

checklist to use for interrogatory proceduresKeep this checklist handy the next time you’re propounding or responding to interrogatories—whether it’s your first time or you’re so familiar with the procedures that you just might accidentally skip something.

PROPOUNDING PARTY

__  Decide whether to use interrogatories

__  Draft and serve set of written interrogatories

If specially prepared interrogatories exceed 35:

__  Attach declaration for additional discovery

__  Retain originals of sets and responses

RESPONDING PARTY

Serve responses and objections:

__  Determine time for service of response

__  Forward interrogatories to client for response or information for use in drafting responses

__  Draft responses and objections

__  Return responses to client for review

__  Obtain client verification to responses

If protective order needed:

__  Make reasonable, good faith attempt to resolve informally

__  Serve notice of motion and motion for protective order

If additional time needed:

__  Meet and confer with opposing counsel and seek stipulation for additional time to respond; or

__  Make a motion for additional time to respond

If answer in served response must be changed:

__  Serve amended answer (and use at trial if initial answer used)

If response is served late:

__  Serve notice of motion for relief from waiver of objections

PROPOUNDING PARTY

If timely response not received:

__  Move for order compelling response

If response is evasive, incomplete, defective, or inadequate:

__  Make reasonable, good faith attempt to resolve informally

__  Serve notice of motion and motion for order compelling further response

If order not obeyed:

__  Move for sanctions

If later acquired information needed:

__  Serve supplemental interrogatories

At trial, if amended answer was served:

__  Move for order that initial answer be deemed binding

Get details on each of these procedural points in CEB’s California Civil Discovery Practice, chap 7. And learn from experts about how to craft initial interrogatories and use supplemental interrogatories in CEB’s program Written Discovery Planning.

Other CEBblog™ posts you may find useful:

© The Regents of the University of California, 2018. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

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