Interrogatories

In England and Wales, this procedure is governed by Part 18 of the Civil Procedure Rules. It is known as a Request for Further Information.[1]

In the Request for Further Information procedure, use of standard pre-printed forms is not common, and any such request would almost certainly be looked upon critically by the courts, as use of standard forms rather than requests tailored specifically to the case is likely to offend against the 'Overriding Objective' in that it is unlikely to be proportionate to the case, and instead result in the parties or their lawyers having to spend time, money and resources in answering the questions. The way the rules work, this could easily result in the party making the request having to pay both their own costs and the costs of the opponent - even if they win the case at the end.

In England and Wales, firstly the person wanting to know the information requests it in writing, either in letter form or, more usually, on a blank document with the questions on one side of the page and space for the answers on the other side. A deadline is set for the opponent to answer the request. If they fail to answer, the person requesting can make an Application on Notice to the court and ask the procedural judge to make an order compelling the opponent to answer the questions. Whether the judge will make an order is discretionary and will be determined in accordance with the overriding objective, and in the context of the questions asked.

In particular, the procedure is not intended to be used to ask questions that would ordinarily be dealt with at trial.

In the United States, use of interrogatories is governed by the law where the case has been filed. All federal courts operate under the Federal Rules of Civil Procedure, which places various limitations on the use of this device, permitting individual jurisdictions to limit interrogatories to twenty-five questions per party. Interrogatories are typically "verified", meaning that the response will include an affidavit and will therefore be under oath.[3] The affidavit may distinguish interrogatories from requests for admission, which are not normally answered under oath.[4]

California, on the other hand, operates under the Civil Discovery Act of 1986 (a revision of an older 1957 act), which is codified in the California Code of Civil Procedure. The Discovery Act allows up to thirty-five specially prepared interrogatories per party,[5] but this limit may be exceeded simply by executing and serving a declaration of necessity with the interrogatories.[6][7] However, because the declaration of necessity must be executed under penalty of perjury, it can expose an attorney to personal sanctions for propounding an excessive number of harassing and burdensome interrogatories.

In nearly all U.S. jurisdictions, interrogatories are called just that and are supposed to be custom-written, although many questions can be reused from one case to the next. In the U.S. states of California, New Jersey, and Florida, the courts have promulgated standard "form" interrogatories. In California these come on an official court form promulgated by the Judicial Council of California[8] and a party may ask another party to answer any of them by checking the appropriate boxes.[5] The advantage of the California form interrogatories is that they do not count against the limit of 35[5] (except when used in limited civil cases); the disadvantage is that they are written in a very generic fashion, so about half of the questions are useful only in the simplest cases. In turn, California calls custom-written interrogatories "specially prepared interrogatories."[5]

Because interrogatories are so heavily used in American discovery, there are two major compilations of generic interrogatories covering almost every conceivable type of legal case: Bender's Forms of Discovery: Interrogatories (published by LexisNexis) and Pattern Discovery (published by West).