Chapter 2 - § 2.29 • USE OF INTERROGATORY ANSWERS AT TRIAL

• Jurisdiction: Colorado

§ 2.29 • USE OF INTERROGATORY ANSWERS AT TRIAL

In both the Colorado and Federal Rules of Civil Procedure, Rule 33(c) allows answers to interrogatories to be used at trial to the extent permitted by the rules of evidence. They can be used to impeach a witness or to rehabilitate a witness whose credibility has been attacked. They can also be introduced as substantive evidence because they are the admissions of a party, and they were given under oath.

However, answers to interrogatories are not evidence until a party introduces them as evidence. Answers to interrogatories are comparable to answers given in deposition testimony or during the course of trial. Answers to interrogatories often must be supplied before investigation is complete and can rest only upon knowledge that is available at the...