The document discusses interrogatories and requests for production, which are two commonly used discovery devices in civil litigation. Interrogatories are written questions that require sworn answers from parties. Requests for production require parties to provide documents, physical evidence, or access to inspect non-movable items. Both interrogatories and requests for production follow a standard format and are subject to objections for privileged or otherwise protected information.

1. Civil Litigation:
Process and Procedures
Chapter Thirteen
Interrogatories and Requests for Production

2. Interrogatories and
Requests for Production
 The two most frequently used
discovery devices
 Written requests for information
 Addressed only to parties, not
witnesses
 The basis for other investigation,
additional discovery requests
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3. Interrogatories
 A formal request for answers to written questions
 Answers are made under oath, signed by the
client/party
 Subject to perjury laws
 Can be used for impeachment at trial
 Protected information generates an objection, rather
than an answer
 Usually privilege or work product
 Attorney must sign (ratify) an objection
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4. Requests for Production
 Federal Rule 34 – Production of Documents and
Things and Entry Upon Land for Inspection and
Other Purposes
 Moveable items and documents must be furnished
upon receiving the discovery request
 Non-moveable items (e.g., real property, large
equipment) can be inspected on-site (entry)
 Requests for protected material should generate
an objection
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5. Request for
Production – Non-Parties
 Although the discovery tool is not
available, non-parties may be asked to
produce documents or permit inspection
 The request comes in the form of a
subpoena duces tecum
 This may also command an appearance at
a hearing, deposition or trial
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6. Subpoena on
a Non-Party
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7. Discovery Document Format
 Similar to pleadings
 Caption
 Identification of the document
 Introductory paragraph
 Party serving it
 Action required of the recipient
 List of definitions
 Body
 Attorney’s signature
 Certification of service
 Verification of the party (answer)
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8. Body of the Document
 In interrogatories, written questions
 In requests for productions
 List of documents
 List of physical objects
 Proposed arrangements for inspection, right
of entry
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9. Time-Frame
 Some preliminary information is required “up-
front”
 A meet-and-confer will set out the timeline
 The faster the discovery is completed, the
greater the time available for settlement prior
to trial
 Deadlines may be extended
 In initial discovery plan
 By stipulation between the attorneys
 By order of the court, with good cause
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10. Drafting Interrogatories
 Largest source of objections during discovery
 Court may limit the number of objections
 Used to obtain information controlled by the
other party
 In addition to 25 initial questions, there will be
initial disclosures under federal rules which will
eliminate some areas of inquiry
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11. Drafting
 Based on an analysis of the claims, proof
needed, and possible defenses
 May be modeled on forms for simple
cases (form books, form files)
 In complex cases, may be designed to
lead to additional avenues of investigation
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12. Claims, Defenses, Issues
 Review the complaint, any motions
 Review or research the elements needed
to prove the claims
 Review the defenses outlined in the
answer
 Review the preliminary material provided
under Fed. Rule 26
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13. Proof
 What will need to be produced to prove the
client’s claim or defense?
 Identity of witnesses
 Documentary evidence
 Physical evidence
 Inspection or testing required for expert
analysis
 As a matter of strategy, some questions will
be reserved for depositions (more
spontaneous responses)
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14. Preparing Interrogatories
 Writing
 Review pleadings and prepare a list of claims &
defenses
 Review or research the necessary elements
 Review initial disclosures made under Rule 26(a)
 Identify areas with a lack of supporting information
 Service
 Set of interrogatories should be sent to opposing
counsel(s), if that party is represented
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15. Reminders
 Never directly contact a party who is
represented by counsel
 Be sure to calendar (docket or tickle) the
expected due date for answers
 If responding to interrogatories, be sure to
calendar the necessary reminders as well as the
due date
 If the due date passes without response, a
motion to compel may need to be prepared
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16. Responding to Interrogatories
 Make 2 working copies
 Review with attorney to identify any objections
 Send a copy to the client & schedule a meeting
 Review all case information
 Meet with the client, draft responses
 Review draft responses with attorney, amend as
necessary
 Meet with client for verification of final answers
 Be sure response is received before due date
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17. Objectionable Questions
 The attorney will object to questions that should
not be answered
 Seek information protected by
 Privilege
 Work product doctrine
 Trade secrets exception
 Duplicative or under control of the requesting party
 Vague, overly broad, burdensome (can narrow)
 Unlikely to lead to admissible evidence
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18. Narrowing the Scope
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19. Motion for a Protective Order
 The requesting party may accept the
objection coupled with a narrower answer
 If not, a motion for protective order will be
filed with the court at the same time answers
are served on the opposing attorney
 The judge will sustain or overrule the
objection
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20. Discrepancies
 If the client information differs from that
contained in the file
 May be a faulty memory
 May be a change in facts that could affect a
claim or defense
 Must be brought to the attention of the lead
attorney as soon as possible
 The client signs under penalty of perjury
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21. Certificate of Service
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22. Reviewing Answers
 Check to see that all have been addressed
 Answered fully
 Objected to
 If a motion for a protective order has been
filed, calendar (tickle) it with adequate
reminders for preparation
 Analyze answers to discover any follow-up
required by requests for production or
deposition
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23. Preparing a
Request for Documents
 Integrate information from interrogatories
into case file, and re-analyze the claims,
elements & defenses
 Request any documents revealed in the
previous discovery requests (remembering
that the order of discovery is a strategy
issue)
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24. A Request for Production
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25. Responding to
Requests for Production
 Each document requested must be reviewed by the
attorney for possible objections, including relevance
 Be sure the documents are numbered
 Each request MUST be answered, with the
document requested or an objection
 If the production of documents is unduly
burdensome, the requesting party may be
permitted to review & copy the pertinent
documents
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26. Retrieving Documents
 Paralegals may do manual reviewing &
copying of documents
 The material requested may be in
electronic format for litigation support (or
document management) software to
search
 The material may be scanned from hard
copy for the same purpose
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27. Reviewing Responses
 Every request should have an answer
 Be sure the documents requested are actually
provided
 If there are objections, the attorney must
determine whether to accede to the objection
or defend the protective order request
 If there is no response, a motion to compel
may be needed
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28. Meet and Confer
 Before the initial scheduling conference
with the judge – Rule 26(f)
 Try to stipulate to
 Timelines
 Formats of electronic documents required
 “Claw-back” provisions, etc.
 Reported back to the judge for use at the
scheduling conference
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29. E-Discovery Questions
for the Client’s Business
 Who manages the computers/network?
 What programs/software are used?
 What are the e-mail IM provisions?
 How are documents created, transmitted, stored?
 What is the back-up system?
 Who in the company has access/administrative rights?
 Who outside the company has access?
 What is the security system?
 Who performs maintenance & repair?
 What is the document retention, archiving & destruction policy?
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30. E-Discovery Considerations
 Native format or TIFF/PDF?
 Metadata?
 Cost of retrieving
 Destroyed or corrupted files
 Files stored on obsolete devices
 Client’s retention policy (litigation hold)
 “Claw-back” provisions
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