Interrogatories

• Author: Ashley S. Lipson
• Pages: 243-570

Like a long range missile

an interrogatory does its damage

from a safe distance away.

Chapter 6

Interrogatories

Table of Contents

§6.10 Basic Training and Strategy

§6.10(a) Interrogatory Restrictions

§6.11 Anatomy of a Single Interrogatory

§6.12 The Interrogatory’s Advantages Preliminary General Order

§6.13 The Interrogatory’s Disadvantages

§6.14 Three Critical Considerations

§6.20 Tips for Timing Your Attack

§6.30 Information to Target and Capture

§6.31 Identity and Capacity of Responding Person

§6.32 Identity and Location of Witnesses and Parties

§6.33 Identity and Location of Evidence

§6.34 Elements of Your Claim or Defense

§6.35 The Enemy’s Pleading

§6.36 Non-Evidentiary Disclosures

§6.37 Enemy Expert Information

§6.40 The Rules That You Need

§6.41 Federal Rules Pertaining to Interrogatories

§6.42 The States’ Rules

§6.50 Constructing Your Interrogatories

§6.51 Preliminary Considerations

§6.52 Rules of Construction

§6.60 Responding to Interrogatories

§6.61 Provide Answers

§6.62 State That Answers are Subject to Pending Discovery

§6.63 State a Lack of Information or Knowledge

§6.64 Elect To Produce Business Records

§6.65 Object to Questions

§6.66 Seek a Protective Order

§6.70 Enforcing the Requests

§6.71 No Responses by Opposition

§6.72 Evasive or Improper Responses by Opposition

Contents continued on next page

Guerrilla Discovery 6-2

§6.80 The Forms That You Need

Form 6.1 Plaintiff’s Interrogatories to Defendant

Alternate Clauses

[A] Establishing Jurisdiction

[B] Attack Basic Contract Defenses

[C] Attack Defense Claims of Contributory Negligence

[D] Attack Defense Claims of Comparative Negligence

[E] Attack Defense Claims of Third Party Negligence

[F] Attack Defense Claims of Third Party Intervention

[G] Attack Defense Claims of Assumption of Risk

[H] Attack Defense Claims of Failure to Mitigate Damages

[I] Attack Defense Claims of Lack of Respondeat Superior

[J] Attack Claims of Preemption [State and Federal]

Form 6.2 Defendant’s Interrogatories to Plaintiff

Alternate Clauses

Personal Identification

Representative Status of Litigant

Assignee Status of Litigant

Marital Status of Litigant

Educational Status of Litigant

Employment History of Litigant

Military Status of Litigant

Criminal Record of Litigant

Prior Lawsuits of Litigant

Liability Insurance of Litigant Defendant

Business Entity Identification

[A] To a Potential Agent

[B] To Sole Proprietorship

[C] To Joint Venture

[D] To General Partnership

[E] To Limited Partnership

[F] To Limited Liability Company [LLC]

[G] To Corporation

Questions to an Independent Witness

Form 6.3 Interrogatories - Contract/Accounting Related Actions

Breach of Written Contract

Action on Account Stated

Action Based on Quantum Meruit

Form 6.4 Interrogatories - Tort Related Actions

Basic Damages

[A] Physical Injury

[B] Emotional Injuries

[C] Loss of Earnings

[D] Hedonic Injuries

Failure to Mitigate

Collateral Sources

Assault and Battery

False Arrest or Imprisonment

Trespass

Dog Bite Action

6-3 interroGatories

Form 6.5 Interrogatories - Defamation

Slander

Libel

Form 6.6 Interrogatories - Fraud

Form 6.7 Interrogatories - Vehicular Negligence

General

Rear End Collision [Supplements and Alternatives]

Traffic Light Intersection Collision [Supplement]

Stop Sign Intersection Collision [Supplement]

Head-On Collision [Supplements and Alternatives]

Pedestrian Collision [Supplements and Alternatives]

Form 6.7(a) Interrogatories - Vehicle/Bicycle Accident

Form 6.8 Interrogatories - Malpractice

Medical Malpractice

[A] Generic Questions to Defending Physician

[B] Failure to Diagnose, Questions to Defending Physician

[C] Failure to Treat, Questions to Defending Physician

[D] Improper Medication, Questions to Defending Physician

[E] Lack of Informed Consent, Questions to Defending

Physician

[F] Generic Questions to Hiring Health Care Facility

Attorney Malpractice

Accountant Malpractice

Priest/Clergy Malpractice

Form 6.9 Interrogatories - Premises Liability

General

Contention Interrogatories

Attractive Nuisance [Supplement]

Criminal Conduct or Assault

Form 6.9(a) Interrogatories - Workplace Liability

General Unsafe Work Area

[A] Questions to Defending Employer

Unsafe Work Area - Machine Related Injury

[A] Questions to Defending Employer

Form 6.9(b) Interrogatories - Sexual Harassment in the Workplace

Form 6.10 Interrogatories - Product Liability

Form 6.11 Interrogatories - Domestic Relations

Divorce or Separation

Spousal Abuse

Form 6.12 Interrogatories - Testamentary Challenges

Form 6.13 Motion for Partial Summary Judgment By Plaintiff (Where

Local Rules Restrict Subject Matter of Interrogatories)

Form 6.14 Answers to Interrogatories

Form 6.15 Motion to Permit Service of Additional Interrogatories

Form 6.16 Answers to Requesting Party’s First Set of

Interrogatories

Form 6.17 Objections to the Requesting Party’s First Set of

Interrogatories