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How to employ The Answers To Interrogatories Sample 2010 Form ?

hi I'm Bill Daniels I'm a trial lawyer.in Southern California and I'm one of.the founders of Loyola Law School's.institute of advanced trial advocacy if.you're watching this video you've.probably got some interrogatories from.your attorney and been asked to answer.the written questions as best you can.your attorney probably explained that.written interrogatories are common in.civil lawsuits they are part of the.discovery process which is designed to.allow parties in a case to find out what.kinds of facts and legal theories the.other side thinks are important.interrogatories are written questions.that the parties answer on paper the.answers become testimony in the case and.can be just as important as spoken.testimony or other kinds of evidence the.answering party will be required to sign.a document saying that the responses on.paper are true to the best of their.knowledge under penalty of perjury.during the case and a trial.interrogatory responses can be used to.help or to hurt your case they can also.be used to impeach your spoken testimony.meaning the other side can use them to.argue that your version of the facts is.inconsistent and so you can't be trusted.as a witness.all this means that interrogatory.responses are very important in your.case and you need to take them seriously.spend some time preparing your answers.and don't be afraid to ask your attorney.for help if you get stuck generally.interrogatory responses are due within a.certain time frame while it's common for.time extensions to be granted be careful.of your deadlines later incomplete.interrogatory responses can open you to.sanctions from the court including money.sanctions or evidentiary sanctions that.can hurt your case while the laws.concerning discovery vary from state to.state there are some common principles.that you should keep in mind as you.answer interrogatories in your case rule.number one be.be accurate when you answer.interrogatories in your case it's.important to be as accurate as possible.in reporting the facts as a witness the.most important thing you have in your.case is your credibility if the judge or.the jury don't believe you that can do.more damage to your case than almost.anything else someone who isn't believed.generally won't do very well in court so.accuracy is incredibly important if you.are asked what color was the other car.and you answer green but it was actually.red expect the other side to use that.against you at every opportunity rule.number two never speculate or guess.while you can give estimates when.answering interrogatories you should.never speculate or guess your attorney.will help you weed out answers that are.based on speculation or pure guesswork.but it's easier on everybody if you.understand that discovery is about facts.and legal theories not what you or.someone else think might be true without.some support from the evidence.speculating never does your case any.good attorneys and courts work with.evidence and there are rules about what.evidence can be used and what can't.speculation isn't evidence so it can't.ever be used in your case it can be used.against you though to show that you're.not certain of your facts and so can't.be trusted as a witness if you don't.know an answer but can provide in a.reasonable estimate go ahead.but avoid the temptation to speculate or.guess where you're not sure and whenever.you have a question make sure your.attorney knows about your concern rule.number three be as complete as you can.an incomplete answer can be as damaging.as a wrong answer so do your best to be.as thorough as possible if you don't.feel confident in your writing skills.it's okay to list the important facts.you're being asked about your attorney.can put those facts into.proper form before they're given to the.other side if you're not sure whether.something belongs in an answer make a.note of it and discuss it with your.attorney remember you're the best.witness about your own life and.circumstances don't assume your attorney.knows everything or even anything about.you when answering interrogatories this.is one area where it's definitely better.to include too much rather than too.little since the final responses will be.edited by your attorney's office Moore.is usually more rule number four.identify witnesses one of the big.reasons the other side will send you.interrogatories is to find out who the.witnesses are in your case if there is.anyone who you believe will help your.case you need to identify them when.asked do not overlook anyone who can.help you if you don't disclose a witness.during discovery the judge might keep.you from calling that witness at trial.which can hurt your case when.identifying witnesses you should try to.provide contact information such as.addresses and telephone numbers if a.witness is a family member or a close.friend let your attorney decide whether.it's better to just provide contact.information or to offer to act as a.go-between in scheduling interviews or.depositions rule number five do your.best to identify doctors and medical.treatment do not leave gaps in personal.injury cases you'll be asked to identify.all your doctors and medical treatment.for a certain time period you want to be.as complete as possible here so be.prepared to spend a little time to.gather together all the relevant.information this is especially important.if you have a complicated medical.history the best way for your attorney.to help you sort out your medical past.is to provide a complete history of all.your treatments the doctors or medical.care providers involved and the dates.it's very common for the other side to.use an incomplete medical history to.argue that you have something to hide.don't give them ammunition every.attorney has a story about a client who.tried to hide facts about their medical.history and how that damaged their case.you don't want to be that person.spend some time putting together a.complete list of your medical care.during the timeframe in question and be.prepared to answer questions about the.details rule number six be clear about.any economic losses you believe you can.claim in your case interrogatories will.generally ask questions about any.economic losses in your case and if you.are claiming things like lost income or.property damage be is clear and complete.as you can the law treats different.items of economic loss differently so.when answering these interrogatories.it's important to give your attorney as.complete a picture as you can so the.best possible answers are prepared again.if you leave out items that you want to.claim the judge might prevent you from.claiming them later in the case so make.out an accurate list be able to support.your claims with things like time cards.w-2 wage statements receipts and.invoices and you'll be in good shape on.your economic damage claim rule number.seven spend time on your own and then.expect to work with your attorney or.their staff to finish the interrogatory.responses written discovery is a lot.like home work and many people have.trouble focusing on it and doing their.best in preparing fortunately you.probably have an attorney who can take a.lot of the work out of answering your.interrogatories but to get the best.result in your case you need to put in.the time necessary to gather all the.facts think of this as a good time to.put together all the evidence that will.help you win your case true filling out.written interrogatory answers is work.but it's also an opportunity for you to.get your case in the best possible shape.for settlement or for trial so do put in.the time.your attorney's office will help.finalize your answers and take care of.sending them to the other side so watch.your deadlines set aside some time to.work with your attorney and you'll be in.good shape to get the best result you.can.

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