Chapter 2 - § 2.6 • INTERROGATORIES

• Jurisdiction: Colorado

§ 2.6 • INTERROGATORIES

§ 2.6.1—Introduction

C.R.C.P. 33 governs the use of interrogatories by a party. A party's answer to an interrogatory may be used to the extent permitted by the rules of evidence. C.R.C.P. 33(c). Answers made by a party to interrogatories submitted by his or her adversary are not evidence in a case until introduced as such during the course of trial. When such answers are introduced in evidence they stand on the same plane as other evidence and may be treated as admissions against interest. Ridley v. Young, 253 P.2d 433, 434 (Colo. 1953). Answers to interrogatories are not conclusive evidence upon the answering party. Id. at 436. Such answers will not necessarily prevail over evidence offered at trial. See generally Ridley, 253 P.2d at 434.

Interrogatory answers are usually introduced to impeach or contradict the testimony of the party or as an admission to prove an element of the case-in-chief. If possible, they are best read where the evidence would normally go in the orderly presentation of your case.

§ 2.6.2—Foundation Requirements

The following are the foundation requirements for admitting interrogatories:

• They must have been answered by the party under oath;
• They must be offered by the opposing party; and
• The party against whom the interrogatories are offered must be able to require that all interrogatories on one subject be read.

§ 2.6.3—Sample Examination

In this hypothetical situation, the plaintiff's attorney needs to establish the names and addresses of the officers and directors of the defendant corporation, Charlotte Products, Inc.

ATTORNEY: Your Honor, I would like to read to the jury the answers to plaintiff's interrogatories No. 1, No. 2, and No. 3 by the defendant's president, Mr. Smith, in this action.

JUDGE: You may proceed.

ATTORNEY: Before reading the interrogatories and the answers, may I ask the court to explain to the jury what interrogatories are?

JUDGE: Yes. I will do so at this time.

Ladies and

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