General Interrogatories - Background and Investigation

• Author: Kevin R. Culhane
• Pages: 108-132

2-108

Chapter 2

General Interrogatories—

Background and Investigation

§200 Litigants Acting in Representative Capacity

§210 Identification

§220 Injuries and Prior Illnesses

§230 Investigatory Interrogatories

§240 Witnesses and Investigations

§250 Miscellaneous

§200 Litigants Acting in Representative Capacity

§210 Identification

§211 Specific Party

§211.1 General Interrogatories

§211.2 Address

§211.3 Birth Information

§211.4 Education

§211.5 Military Record

§211.6 Marital Status

§211.7 Children

§211.8 Employment

§211.9 Criminal Record

§212 Relationship to Persons Identified in Responses

§213 Agency

§220 Injuries and Prior Illnesses

§221 General Interrogatories

§222 Failure to Follow Medical Advice

§223 Prior Claims

§230 Investigatory Interrogatories

§231 Opposing Party’s Investigation

§232 Opposing Party’s Surveillance

§233 Photographs

§233.1 Photographs re Incident

§233.2 Photographs re Scene

§233.3 Photographs re Vehicle

§233.4 Photographs re Injuries

§234 Charts and Diagrams

2-109 general InterrogatorIes – baCkground and InvestIgatIon §200

§235 Physical Evidence

§236 Required Reporting

§240 Witnesses and Investigations

§241 Lay Witnesses

§242 Expert Witnesses Identification

§250 Miscellaneous

§251 Insurance

§252 Other Claims Against Defendant re This Incident

§253 Tender of Defense/Indemnity

§254 Settlement Agreements

§255 Due Diligence in Preparation of Response

§256 Contention Interrogatory Follow-Ups

§256.1 Bases for Contention: Facts, Witnesses, and Documents

§256.2 Bases for Denial or Refusal to Admit: Facts, Witnesses, and Documents

§200 Litigants Acting in Representative Capacity

Special problems arise when litigants appear in a representative capacity. These interrogatories are designed to

ascertain the facts regarding representative status, together with all documents and witnesses pertaining thereto. The

source and the nature of the litigant’s authority may be critical to settlement negotiations, and the existence of addi-

tional claimants in wrongful death and decedents’ estates cases may indicate a failure to join all necessary parties.

Indeed, some states hold that any statutory heirs who do not join as plaintiffs in wrongful death cases must be joined

as defendants. For these and other reasons, the following questions should be considered when the facts indicate that

a litigant is acting in a representative capacity.

1. Please state whether YOU have appeared in this action in a representative capacity.

2. If YOU have appeared in this action as a personal representative or administrator of the estate of a decedent,

please state the name of the decedent.

3. If YOU have appeared in this action as a personal representative or administrator of the estate of a decedent,

please state the date and place of death of the decedent.

4. If YOU have appeared in this action as a personal representative or administrator of the estate of a decedent,

please state whether YOU have been appointed to act by order of any court.

5. If YOU have been appointed to act by order of any court, please state the title of the court which entered the

order, and the action number of the case in which the order was entered.

6. Please IDENTIFY any PERSON known to YOU who claims to be entitled to share in the distribution of

decedent’s estate.

7. If YOU have appeared in this action as the executor or executrix under the will of any decedent, please state

the date of death of the decedent.

8. If YOU have appeared in this action as the executor or executrix under the will of any decedent, please state

the date that the will was executed.

9. If YOU have appeared in this action as the executor or executrix under the will of any decedent, please state

whether the will has been submitted for probate and the case number assigned to the petition for probate.

10. If YOU have appeared in this action as the executor or executrix under the will of any decedent, please state

whether any other PERSON claims the right or authority to act as executor or executrix of decedent’s estate.

11. Please IDENTIFY each PERSON who is entitled under the decedent’s last will to share in any portion of the

decedent’s estate.

12. If YOU have appeared in this action as a guardian ad litem for any other person, please IDENTIFY each

PERSON for whom YOU are appearing as a guardian ad litem.