Interrogatories
A written question which is formally put to one party in a case by another party and which must be answered.
Interrogatories are to be raised at a pre-trial stage and must have a close connection with the matter in question, whereas cross examinations have a wider scope of questions that can be asked
Interrogatories are a discovery tool that the parties can use to have specific questions about a case answered before trial. Interrogatories are lists of questions sent to the other party that s/he must respond to in writing.
Answers to interrogatories can be much more complete than answers to deposition questions. Interrogatories are generally less expensive than depositions because they don't require court reporter fees, transcript costs, or attorney time in traveling to and from the deposition.
A disadvantage, most notably for the asking party, is when you ask a witness questions while they are on the stand, there is a large if information that you can also gather: tone of voice, are they nervous, does the witness seem like they are lying?
What happens once you receive an interrogatory? All of the questions must be responded to in writing and it must be done under oath. Often, once you answer the questions, the other side will use the answers to gather more information.
Your answers to the interrogatories should usually be short, clear, and direct and should answer only the question that is being asked. This is not the time to set out your entire case or defense to the other side. Take the time to make sure your answers are correct and truthful.
Failing To Respond To Discovery Can Lead To A Dismissal Of Your Case With Prejudice. In the practice of law, the discovery phase can be your best friend or your worst nightmare. Interrogatories, requests for documents, and depositions can make or break your case.
What's the difference between interrogatory and deposition?
Whereas depositions are useful for obtaining candid responses from a party and answers not prepared in advance, interrogatories are designed to obtain accurate information about specific topics.
Interrogatories are written questions for which written answers are prepared and then signed under oath. They are directed to a party to the lawsuit, not to a witness, and the party can prepare answers with the aid of an attorney.
Whereas depositions are useful for obtaining candid responses from a party and answers not prepared in advance, interrogatories are designed to obtain accurate information about specific topics.
Interrogatories can be quicker, less costly, and less complicated than depositions, but there are downsides. Since the questions are written, the witness may have more time to think and craft answers, rather than providing more candid answers during discovery. There is also no chance for back and forth questioning in an interrogatory, unless a subsequent deposition is scheduled.