Telephone: 361-480-0333 The King County Bar Association provides these Sample Interrogatories without any warranty, express or implied, as to their legal effect and completeness. For each type of action identified in your answer to Interrogatory No. Copyright 2017 Corey Pollard | Virginia Workers Compensation Lawyer & Social Security Disability Attorney in Richmond, VA, Guide to Using Objections in Responding to Interrogatories, Objections to Interrogatories in Personal Injury Law, A Lawyers Guide to Deciding Whether to Answer or Object to an Interrogatory in Civil Litigation. 250 See, e.g., id. The other party may ask about past criminal convictions to attack your credibility or likability. Depending on the type of action youve brought, you may be able to limit your answer to state whether you have any felony convictions or convictions involving moral turpitude (lying, cheating, or stealing). E-mail: [email protected], Fort Worth Office 0000036162 00000 n You can object to an interrogatory if the information sought is known by the requesting party or available to both parties equally. *HFKt.-: A#yv7:lq|e7u]U1 lJ5WH%1y%(sD'QT-p&I0Dr%g0[ =G;+oB43LI Fax: 713-255-4426 0000009608 00000 n Describe all accounts in your financial cost accounting system that reflect each type of intercompany transfer from Smithfield subsidiaries to Smithfield identified in your answer to Interrogatory No. Plaintiff objects to each document request to the extent that it calls for production of a privilege log for internal documents of Plaintiff. When determining if an interrogatory is unduly burdensome, the court might consider: Further, the court might find an interrogatory unduly burdensome if it asks for all facts supporting the claim and a narrative response. In fact, most claims are settled by the discovery process. 189 43 Proper and Improper Objections to Interrogatories and . Users of this site should contact a licensed Texas attorney for a full and complete review of their legal issues. 0000008284 00000 n 0000043163 00000 n E-mail: [email protected], Beaumont Office 0000000616 00000 n 0000043729 00000 n Should I Give an Answer or an Objection to the Interrogatory? 10. The witness would not have personal knowledge to be able to answer. Civil Rule 33 (a) (2) provides that an interrogatory is not objectionable simply because it "asks for an opinion or contention that relates to the application of law to fact." Users of this website should not take any actions or refrain from taking any actions based upon content or information on this website. For example, you should raise this objection if the answers are publicly available or in a third-partys custody or control. There are some situations, however, where you should answer a question even if it is objectionable. E-mail: [email protected], Austin Office Such notes and/or memoranda of interviews have not been reviewed by or considered by the potential testifying expert economist. In addition, the responding party must sign some interrogatory answers under oath, as specified by the rule. You must be strategic in your answers. GENERAL OBJECTIONS 1. Attendance at such interviews was limited to, at most, the interviewee, Antitrust Division attorneys and staff, counsel for the interviewee (in some interviews), and a potential testifying expert economist (in some interviews). 4. Therefore, to the extent an interrogatory relates to companies other than Packing, Gwaltney, Smithfield Companies and their subsidiaries or SFD, such interrogatory seeks information that is irrelevant and such interrogatory is overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence in determining whether or not SFD is amenable to jurisdiction in this district. Lacks Specific Description within Request, Vagueness, Lacks Specificity, or Ambiguity of Request, Information Obtainable from Another Source, Information Equally Available to the Other Party, Request Creates Unnecessary Burden, Expense, or Made for Purposes of Harassment, Personal, Constitutional or Property Rights, Information Unknown or Not in Possession of Responding Party, Request Seeks Admission of a Legal Proposition, Objection Due to Permissibility of a Discovery Tool, Disinheriting a Family Member: The One-Dollar Myth, Proper Procedures for Remote Online Notarizations, Fraudulent Inducement Involving Developer Deed Restrictions. 3 to refer to "Civil Investigative Demand No. 1. Previously, in this blog, we have written about the basics of drafting and responding/objecting to Requests for Admission. Defendant's document requests and interrogatory call for the production of documents and information that were produced to the Plaintiff by other entities and that may contain confidential, proprietary, or trade secret information. Telephone: 512-501-4148 Plaintiff further objects to this request to the extent that it relies upon the terms "statement" and "third parties." Personal, Constitutional or Property Rights At the March 8, 1999 conference with the Court, Defendant's counsel suggested that interview memoranda were discoverable. Plaintiff will use the definitions of these terms found in Objections 3-4 in responding to this request. 1. A request for such a log is unreasonable and unduly burdensome in light of the work product doctrine, governmental deliberative process privilege, and other privileges protecting such internal documents from discovery. Fax: 512-318-2462 In its Response to Document Request No. There are many grounds to object to interrogatories. 0000003145 00000 n If the witness hears the attorney make an objection, that is a signal that something is wrong with the question, and while the witness still must usually answer after an objection is made, the witness needs to think carefully about the question that was asked and make sure to answer as completely and accurately as possible. 0000007400 00000 n Subject to and notwithstanding this objection, Plaintiff will use the more expansive definition of "third party" that it has provided in above Objection 3, and it will treat "statements" as covering those made by the individuals and entities listed in Plaintiff's Rule 26(a)(1) Initial Disclosures during Plaintiff's civil investigation of Dentsply's distribution and marketing of artificial teeth. Understanding the level of the case is vital in order to avoid exceeding the number of interrogatories, requests for production, or admissions allowed by a litigant. The interrogatory should be Finally, Plaintiff objects to this interrogatory, in its entirety, pursuant to the work product doctrine. Response: REDACTED Interrogatory 2: Share sensitive information only on official, secure websites. trailer . Whether the amount in controversy (damages sought in the complaint) justify the expense required to answer the interrogatory, Whether the responding party disclosed similar information in responses to other discovery tools, including depositions and requests for admissions, How easily the requesting party could obtain the information by interviewing eyewitnesses or the, Whether the requesting party has similar access to the information sought, Interrogatories are a vital discovery tool used in civil litigation, Under the Rules of the Workers Compensation, Under Rule 33(b)(3) of the Federal Rules of Civil Procedure, police officer that completed the crash report, insurance defense attorneys ask for username and password information for social media profiles, The U.S. Constitutions 5th Amendment gives you protection against self-incrimination, Social Security Disability Insurance benefits, other party may ask about past criminal convictions, HITECH Act A Way to Get Medical Records in Your Disability, Workers Comp, or Personal Injury Case, My Employer Wants Me to Use Sick & Vacation Leave for a Work Injury. Or the court may cause you to produce more information than you otherwise would have. While the discovery process can be helpful in streamlining a case and even lead to its being settled outside of court, objections during interrogatories may be appropriate at times. xref R. Civ. Therefore, there are no "third part[ies]" as that term is defined. 60 0 obj<>stream Dallas, TX 75252 Subject to and notwithstanding this objection, in responding to these discovery requests, Plaintiff will treat the term "third party," as extending to all individuals and entities, not named as parties to this lawsuit, listed on Plaintiff's Rule 26(a)(1) Initial Disclosures. T+eh*NyJ]IA:6;7;vug;mVtM)o^A)*saDR`Y4rsi4-CRlj~ '! H|Ao G`7rk"JzRV>{7,\7q-/Ri$( 7(O/ Od&C:b}_"S*PPBBM Qv.r90vQF75_~%V\`A"$9}|J1yEiV2 M1cmJzH?# You have 21 days after the service of the interrogatories to object. In contrast, a Level 2 case permits more interrogatories (as many as 25) and places no limit on the number of requests for production or admissions allowed. 0000002715 00000 n Plaintiff does not and cannot know "all facts known" (emphasis supplied) to such individuals and entities that are relevant to the claims at issue here. Information Equally Available to the Other Party Plaintiff's investigation and development of all facts and circumstances relating to this action is ongoing. 2. 13009 issued to Dentsply by the DOJ in connection with its antitrust investigation of Dentsply prior to the filing of its complaint on January 5, 1999," that definition gives no greater meaning to the phrase "CID investigation," unless it is intended to limit the definition of "third party" to those individuals and entities interviewed by Plaintiff pursuant to Civil Investigative Demand Number 13009. Alternatively, Plaintiff will produce copies of the documents. Request Creates Unnecessary Burden, Expense, or Made for Purposes of Harassment %PDF-1.6 % 145 0 obj <> endobj xref 145 22 0000000016 00000 n Plaintiff objects to Definition No. 5. Documents Already Produced 0000016088 00000 n Rule 34 (b) (2) (B) requires that . As an attorney taking or defending a deposition, the three objections allowed during depositions in state court in Texas under the Texas Rules of Civil Procedure are the only objections in your tool-belt knowing when and why to properly use them is critical. INTERROGATORY #2 What is your Social Security Number or Federal Employer Identification Number? SFD objects to the Interrogatories to the extent they seek information regarding companies that DOJ has not alleged or asserted were involved in the events giving rise to the alleged violations of the Hart-Scott-Rodino Act. Gone are the situations when one party could seemingly harass the other party with impunity by serving dozens of irrelevant and burdensome written questions during the discovery process. Identify all tax returns Smithfield has prepared for each subsidiary identified in your answer to Interrogatory No. Yes if the answer will not hurt your case and doesnt invade your privacy. Law BoyarMiller attorneys Robert Arthur and Whitney Brieck discussed evolving trends in how Texas courts are applying the Texas Rules of Civil Procedure to streamline written discovery, as well as some best practices for successfully making and challenging discovery objections. Thus, one question with two subparts could actually count as three interrogatories in both Level 1 and Level 2 cases. Further, SFD objects to the Interrogatories to the extent they relate to Smithfield Companies, which was acquired by SFD on July 31, 2002, after the alleged causes of action accrued and after the periods DOJ alleged SFD was in violation of the relevant statute. {u-,gVP#'{W@=Q6o""u7l!R;_WC[eTb0aa,KQbZS#vuJ#n,Gz^rDGZg^W~nKp4Kd8 Interrogatories should not require a party to provide a narrative account of his case." Grynberg v. Total S.A., Inc., Civil Action No. 2031.210, 2031.220, 2031.230 and 2031.240 The exception is if the responsive documents have previously been produced in discovery by the responding party. If the question being asked suggests what the answer should be, a leading objection is proper. The number of interrogatories is further limited by the fact that, according to Texas Rules of Civil Procedure 190.3 (B)(3), the discrete subpart of an interrogatory is actually counted as a separate interrogatory. For example, interrogatories asking for all documents from one specific month or all medical records from the past five years might be ok. Failure to respond within 30 days can result in court sanctionshurting the attorney's reputation and bottom line. In litigation, written discovery typically consists of (1) Requests for Production, (2) Requests for Admission, and (3) Interrogatories. Rule 34 Describe all types of intercompany transfers from Smithfield subsidiaries to Smithfield. Toll Free:800-310-9769Main Phone Number:214-219-9900Fax Number:214-219-9456, 2023 The Bassett Firm All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Click here now to be connected to a member of our Rapid Response Team, What trucking companies can do to reduce accident risk, Civil Liability for Livestock on Highways, Compelling a Witnesss Appearance at an Oral Deposition and Rule 199.3s substitute notice process. ANSWER: Plaintiff objects to the extent that the information requested is equally available to all parties. It is very common to get discovery responses which have "General Objections" up front, followed by specific objections to each of the numbered discovery requests. Such materials contain the mental impressions, conclusions, opinions, and legal theories of the Government's attorneys in summarizing the Government's understanding of information obtained in the interview, for instance by the emphasis in memoranda of the specific issues of interest to the Division's legal analysis. Outside the Scope of Discovery !QHn The goal: to permit parties to evaluate the case, identify issues, and prepare for depositions and trial. P. 192.5(c)(1). Official websites use .gov Fax: 817-231-7294 Call the Law Offices of Kretzer and Volberding P.C. 231 0 obj <>stream This disclosure will allow Defendant to identify those individuals from whom it needs detailed information. Telephone: 713-255-4422 SFD objects to the Interrogatories to the extent they seek disclosure of information protected under the attorney-client privilege, the work-product doctrine, or any other applicable privilege or immunity. In the course of its civil investigation of Dentsply's distribution and marketing of artificial teeth, Plaintiff interviewed a number of individuals, but interviewed none pursuant to Civil Investigative Demand Number 13009, a document request issued to Dentsply. Your answer should include, and separately identify, all persons with authority to direct that any payment from any such bank account be made on behalf of any such Smithfield subsidiary. If the answer does not harm your case or might help negotiate a fair settlement, answering is better than spending time and money fighting the request. Rule 197 - Interrogatories to Parties 197.1 Interrogatories. E-mail: [email protected], Beaumont Office Interrogatory No. Rule 33 Interrogatories: Produce or Object As mentioned above, you have 30 days to respond when you receive an interrogatory pursuant to Rule 33. What are the Most Common Objections to Interrogatories? OBJECTIONS AND RESPONSES TO DOCUMENT REQUESTS. Objections objections to discovery texas rules number term outside not admissible evidence objection defendant objects to this request on the grounds that it. SFD objects to the Interrogatories to the extent they require information from companies in which SFD does not have a controlling interest. BoyarMiller Follow Advertisement Recommended Information Unknown or Not in Possession of Responding Party Plaintiff further objects to this request, whether broadly or more narrowly construed, to the extent it seeks production of documents protected by the work product doctrine, the governmental deliberative process privilege, or the attorney-client privilege. The Department of Justice ("DOJ") has alleged that the first cause of action accrued on June 28, 1998, and that SFD was in violation of the relevant statute from June 26, 1998, through October 1, 1998. For each employee identified in your answer to Interrogatory No. Assertions of Privilege. a subsidiary's budget, its capital or operating expenditures, its entry into a contract or its involvement in other business transactions. 2 to the extent that it calls for documents protected from disclosure by the attorney-client privilege, deliberative process privilege, attorney work product doctrine, or any other applicable privilege. 4 regarding "document" or "documents" to the extent that it purports to impose obligations greater than those set forth in the Federal Rules of Civil Procedure. An interrogatory is overbroad on its face if it uses the words all or every. For example, an interrogatory asking for all persons with information relevant to the action, every document mentioning your injuries, finances, or accident, or each injury youve suffered in the past is objectionable. I verify under penalty of perjury that the foregoing is true and correct. The materials thus provide at least a snapshot of the mental impressions, conclusions, opinions, and legal theories of the Government personnel attending the interviews. Rule 193 - Written Discovery: Response; Objection; Assertion of Privilege; Supplementation and Amendment; Failure to Timely Respond; Presumption of Authenticity 193.1 Responding to Written Discovery; Duty to Make Complete Response.. A party must respond to written discovery in writing within the time provided by court order or these rules. 0000001444 00000 n Later in this article, I explain what makes an interrogatory objectionable. Do not try to answer an interrogatory prematurely if more information is needed. Documents Already Produced Under Rule 33(b)(3) of the Federal Rules of Civil Procedure, a responding party must serve its answers and any objections to interrogatories within 30 days after being served. This is objectionable. 12. Describe every account in your financial cost accounting system that reflects the allocation of expenses incurred in connection with the provision of each service described in your answer to Interrogatory No. 804-251-1620 or 757-810-5614 [emailprotected]. A response to a document request or interrogatory stating that objections and/or indicating that documents will be produced shall not be deemed or construed that there are, in fact, responsive documents, that Plaintiff performed any of the acts described in the document request, interrogatory, or definitions and/or instructions applicable to the document request or interrogatory, or that Plaintiff acquiesces in the characterization of the conduct or activities contained in the document request, interrogatory, or definitions and/or instructions applicable to the document request or interrogatory. Seeks Admission of a Matter of Opinion See General Objections. Identify the entity(s) that paid a salary to, or otherwise provided remuneration to, each Smithfield officer and each Smithfield directory during such times as such officer or director also served as an officer or director of any Smithfield subsidiary. 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