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Civil Litigation Process and Procedures
Third Edition
Chapter 13
Interrogatories
and Requests for
Production
Copyright © 2018 Pearson Education, Inc. All Rights Reserved
Copyright © 2018 Pearson Education, Inc. All Rights Reserved
Learning Objectives (1 of 2)
• Define interrogatories and requests for production
of documents and things and understand the best
use of each
• Discuss the discovery time frame and how it may
be modified
• Draft questions and answers for interrogatories
Copyright © 2018 Pearson Education, Inc. All Rights Reserved
Learning Objectives (2 of 2)
• Prepare requests and responses to requests for
production
• Understand the new requirements related to
electronic discovery
Copyright © 2018 Pearson Education, Inc. All Rights Reserved
Learning Objective 1
Define interrogatories and requests for production
of documents and things and understand the best
use of each
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Introduction
• Interrogatories and Requests for Production occur
early in the discovery phase of the litigation
process
• Often submitted to the opposition at the same time
• Questions and requests often form the basis for
other forms of discovery
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Interrogatories & Requests for
Production (1 of 4)
• Interrogatories
Formal request for written answers to written
questions
Answers are made under oath and must be
submitted within the interval required by the
rules
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Interrogatories & Requests for
Production (2 of 4)
• Interrogatories
May be objected to if a privilege exists
Answers signed by attorney for the opposition
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Interrogatories & Requests for
Production (3 of 4)
• Production of Documents
Not limited to documents
Includes tangible things, electronic documents
and entry upon the land of another
Includes movable and non-movable items
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Interrogatories & Requests for
Production (4 of 4)
• Requests for Production
Answers to requests must be submitted within
the interval required by the rules
Answer indicates whether inspection is
permitted or not
Requests for inspection may be made on non-
parties to the suit
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Exhibit 13.2 Sample Interrogatories in Federal Court for Cases Involving Electronic Discovery
Source: From Sample Interrogatories in Federal Court for Cases involving Electronic Discovery,
Sample Forms and Pleadings, 2006. Reproduced by the permission of Kroll Ontrack Inc. (1 of 2)
Copyright © 2018 Pearson Education, Inc. All Rights Reserved
Exhibit 13.2 Sample Interrogatories in Federal Court for Cases Involving Electronic Discovery
Source: From Sample Interrogatories in Federal Court for Cases involving Electronic Discovery,
Sample Forms and Pleadings, 2006. Reproduced by the permission of Kroll Ontrack Inc. (2 of 2)
Copyright © 2018 Pearson Education, Inc. All Rights Reserved
Exhibit 13.3 Request for Production of
Documents
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Learning Objective 2
Discuss the discovery time frame and how it may be
modified
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Time Frame for Discovery
• Discovery may occur without permission of the
court as long as the trial is not delayed
• Deadlines may be extended informally between
the parties or by motion to the court for good
cause
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Learning Objective 3
Draft questions and answers for interrogatories
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Drafting Questions and Answers to
Interrogatories (1 of 9)
• Initial Disclosures
Most jurisdictions limit the number of
interrogatories
Parties are also required to make certain
additional information available through the
mandatory disclosure process
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Drafting Questions and Answers to
Interrogatories (2 of 9)
• Drafting Questions
What to ask and how to ask it is a process that
includes analysis of underlying claims, needed
evidentiary proof, and strategy
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Drafting Questions and Answers to
Interrogatories (3 of 9)
• Drafting Questions
Identify Claims, Defenses, and Issues from
pleadings
Analyze information already disclosed to ensure
satisfaction of elements of claims/evidentiary
requirements
Decide which questions to include in the
interrogatory
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Drafting Questions and Answers to
Interrogatories (4 of 9)
• Serving Interrogatories
May be served on the other party without leave
of court
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Drafting Questions and Answers to
Interrogatories (5 of 9)
• Preparing Responses
Follows process similar to creating
interrogatories
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Drafting Questions and Answers to
Interrogatories (6 of 9)
• Review for Objections to Questions
Objectionable Questions
• Privileged Communications
• Work Product
• Trade Secrets
• Duplicative Materials
• Vague, Overly Broad, or Burdensome
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Drafting Questions and Answers to
Interrogatories (7 of 9)
• Motion for Protective Order
Asks the court to determine whether certain
information must be disclosed in discovery
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Drafting Questions and Answers to
Interrogatories (8 of 9)
• Meet with the Client to Answer Interrogatories
Note discrepancies and reconcile
Some may change the entire outcome of the
client's case
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Drafting Questions and Answers to
Interrogatories (9 of 9)
• Reviewing Answers to Interrogatories
Ensure they are fully answered
Identify objections
May reveal new areas for discovery
May reveal new theories
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Learning Objective 4
Prepare requests and responses to requests for
production
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Drafting Requests for Production (1 of 2)
• Designed to obtain all tangible materials
regardless of how they were created or stored
• Forces the legal team to obtain original
documents from client
• Forces the legal team to read and evaluate
contents of documents and organize them
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Drafting Requests for Production (2 of 2)
• Preparing a Request for Documents
Almost identical to preparing questions for
interrogatories
Review pleadings
Review answers to interrogatories
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Preparing Responses (1 of 2)
• Responding to Requests for Production
Very similar to preparing responses to
interrogatories
Review for relevance
Review for objectionable requests
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Preparing Responses (2 of 2)
• Reviewing Responses to Requests for Production
Can be tedious to revue large volume of
documents
Follow through on all objections
Motion to compel may be necessary
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Learning Objective 5
Understand the new requirements related to
electronic discovery
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Electronic Discovery – The Process (1 of 4)
• E-Discovery is the discovery of documents
created, disseminated, and stored via electronic
means
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Electronic Discovery – The Process (2 of 4)
• Legal Team Must Meet and Discuss
How to produce electronic information
How to screen information
Locate and distinguish relevant from privileged
information
How to protect inadvertent disclosure of
privileged information
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Electronic Discovery – The Process (3 of 4)
• Know the Client
Legal team must understand the client's IT
structure
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Electronic Discovery – The Process (4 of 4)
• Privileged Materials
Thoroughly review to avoid inadvertent
disclosure
Use "claw-back" provision
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