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What is Discovery?
Discovery is the process that each side uses in litigation (after a lawsuit has been filed) to get information from the other side that will give each side information about their part of the case. It can include written questions, demand for production of documents and things, requests for admissions, depositions, independent medical examinations, request for exchange of expert witness information, etc.
Why are you receiving this guide from us?
We have received written discovery from the other side in your case which is the reason you are receiving these instructions along with the discovery that was sent by the other side for you to answer.
What you need to do.
Below are the explanations of what each form of written discovery is and instructions for you to respond to written discovery. You will need to respond to all written discovery within 5 days of receiving it from us as discussed below. We will separately provide you with a Microsoft Word template where you can type in your answers. You will either email your answers to us or upload them into our client portal and notify us by calling us to let us know you have sent it to us.
The other side may only send you some of the items discussed here. Only answer what was sent to you by us.
Once we get your responses, we will then convert it to legal format to serve on the other side. This is probably the most difficult and time-consuming work you will have to do in your case.
It is very important to your case for you to accurately and promptly respond to all discovery as soon as possible if you want a good result in your case.
If you absolutely cannot do the answers on your own, we can get your answers manually on the phone, but this is only in extreme circumstances. Usually you answering the questions on your own is the best way for us to get your best answer.
After we do the draft response to your discovery, we will give you a chance to review and make changes to your discovery before we send it to the other side.
RESPONDING TO FORM AND SPECIAL INTERROGATORIES
Interrogatories are written questions sent by one party to another, which the responding party must answer under penalty of perjury. Each party will usually send form and/or special interrogatories to each other.
Interrogatories allow the parties to ask who, what, when, where and why questions, making them a good method for obtaining new information.
Generally, each side is allowed to ask any question that may tend to lead to admissible evidence. You may wonder why you have to answer certain questions that do not seem relevant to the case. Each party may generally go on fishing expeditions to discover information that will tend to lead to admissible evidence.
Each side will object to interrogatories when necessary, but you are required to answer all questions.
There are two types of interrogatories: form interrogatories and special interrogatories.
You may receive one or both types of interrogatories in your case.
If you receive both, they will need to be answered separately. Although these interrogatories look very different, the responses to both are similar.
Your answers must be as complete and straightforward as possible and be accurate to the best of your knowledge.
SPECIAL INFO FOR FORM INTERROGATORY RESPONSES
You will notice a box to the left of all questions. If the box is checked, you will need to answer all questions that are checked in the form interrogatories.
All subparts must be answered by you on Form Interrogatories. You will notice that some Form Interrogatories will contain a,b,c or d and e subparts. You must answer all the subparts fully. You cannot just skip the subparts.
Sometimes there may be multiple separate answers to one interrogatory with subparts; for instance list all schools you have attended beginning with high school, and there is an a,b,c,d subpart. Let us say you went to 3 different schools. You will answer by giving the form interrogatory number, and then for the first school a1,b1,c1,d1, for the second school you will answer a2, b2, c2, d2, for the third school you will answer a3, b3, c3, d3 and so on for as many schools you went to. This same type of situation usually happens with addresses, doctors, etc.
You have a duty to ascertain answers to the questions. You cannot simply not answer a question simply because you do not have the information.
You have a duty to gather information requested and fully answer. For instance, if a question asks you dates of treatment, you cannot simply say I do not know, you will need to contact your doctor and find out the dates, etc.
The other side is entitled to your best estimate if you do not exactly know the answer to a question. If you are giving an estimate state that you are giving an estimate.
If you do not know the answer to a question and you cannot through reasonable investigation find out the answer you may state I do not know.
Remember this is your case and if you fail to answer questions here if may negatively affect your case.
In addition, your responses must be “verified,” meaning that you must sign under penalty of perjury that your responses are true and correct. We will provide you with the verification form to sign.
URGENT TIME DEADLINE
We only have 30 days after the form or special interrogatories were served on us to serve your responses to the interrogatories on the other side who propounded them on you. This is a tall order. We must scan the interrogatories into our system, send them to you along with these instructions. You must answer all questions. Send your answers to us. We must convert them to legal format, review the answers, make any changes, and then send the responses to defendant. There is no time for delay during this process. What this means is that you must send us your full responses to form and/or special interrogatories back to us within 5 calendar days of receiving them from us. If you will be delayed let us know. A significant delay on your part will not only prejudice your case but may also result in your being ordered to pay significant monetary sanctions to the other side. This could be in the thousands of dollars. Do not delay, get us your responses as soon as possible within 5 days of receiving the discovery from us.
RESPONDING TO REQUESTS FOR PRODUCTION OR INSPECTION
Requests for production may be used to inspect and copy documents or tangible items held by another party.
Generally, a request for production of documents asks the responding party to make available the original documents, but the propounding (asking) party may request that photocopies be sent instead, if inspection of the original document is not necessary.
The requests you receive should include very specific information about what you are being asked to do, such as sending photocopies of documents to the their party; delivering original documents to a specific location, such as a copy shop, at a particular date and time; or allowing the other party to inspect documents or things in their current location at a specific time.
The requests will also include a list of documents or things, or categories of documents or things, you are asked to produce or allow to be inspected.
Your response to a request for production consists of two parts:
- One part is a written response to the requests, in which you state under penalty of perjury that you will produce the requested items; that you will not produce and why; or that you object to a request on legal grounds.
- The second part of your response is the actual production of the requested documents or things in the manner specified in the requests.
Each side will object to demands for production when necessary, but you are required to answer all questions.
For each request, you will state one of the following only:
- I agree to comply with this request. (This means that you are in possession of the requested documents or things and will produce them in the manner indicated in the request).
- I am unable to comply with the request, after a reasonable search it has been found that the category requested has never existed. (You must make a “diligent search and reasonable inquiry” into finding the requested items, and state in your response that you have made this effort).
- I am unable to comply with this request because after a reasonable search it has been determined that the items requested have either been lost, misplaced, stolen or no longer exist, or are no longer in your possession. (You must also describe what the items were and explain what happened to them. If known, you must include the name and address of the person or organization who may be in possession of the requested items); or
- I agree to comply in part, some of the items requested are in my possession and will be produced. after a reasonable search it has been determined that the items requested have either been lost, misplaced, stolen or no longer exist, or are no longer in my possession. (You must also describe what the items were and explain what happened to them. If known, you must include the name and address of the person or organization who may be in possession of the requested items.)
You must provide the requested items to us and let us know which request number they relate to. You may email your documents or photos to us, you may upload them into the client portal, or worst-case scenario, mail them to us. You must let us know how and when you sent the items to us.
In addition, your responses must be “verified,” meaning that you must sign under penalty of perjury that your responses are true and correct. We will provide you with the verification form to sign.
URGENT TIME DEADLINE
We only have 30 days after the production request were served on us to serve your responses to the production request on the other side who propounded them on you. This is a tall order. We must scan the production request into our system, send them to you along with these instructions. You must answer all questions. Send your answers to us. We must convert them to legal format, review the answers, make any changes, and then send the responses to defendant. There is no time for delay during this process. What this means is that you must send us your full responses to the production request back to us within 5 calendar days of receiving them from us. If you will be delayed let us know. A significant delay on your part will not only prejudice your case but may also result in your being ordered to pay significant monetary sanctions to the other side. This could be in the thousands of dollars. Do not delay, get us your responses as soon as possible within 5 days of receiving the discovery from us.
RESPONDING TO REQUESTS FOR ADMISSIONS (IF YOU RECEIVED REQUEST FOR ADMISSIONS)
BACKGROUND
Requests for admission are used to ask another party to admit that certain facts are true, or that certain documents are authentic. If admitted as true or authentic, these facts and documents do not need to be proven or authenticated at trial. This helps reduce the number of disputed facts that the court needs to decide in the case, making trials quicker and less expensive. The requests for admission that you receive will include a list of statements or facts that the other party wishes you to admit are true. Your answers must be as complete and straightforward as possible.
Most of the time we will need to assert the correct response for you after you consult with us because the other side will ask for admissions that require legal knowledge to respond to. Nonetheless please try to give us your response as outlined below and we will then work with you to make sure it is the correct response.
Each side will object to request for admissions when necessary, but you are required to answer all questions.
THERE ARE THREE BASIC RESPONSES TO A REQUEST FOR ADMISSION:
- Admit. With this answer, you are indicating that the fact is true. If part of a statement is true, you must admit that portion of the statement. Once you admit a fact, it will be considered true throughout the entirety of the case. These facts can only be overturned by filing a complicated motion with the court.
- Deny. With this answer, you are indicating that the fact is not true. This may mean that the entire statement is untrue, or that portions are untrue. If the statement is partially true, you must admit the true part(s) of the fact and deny the false part(s) of the fact For example, if the propounding party asks, “Admit that the accident you were involved in on May 4, 2013, was caused by your negligence,” you could admit that you were involved in an accident on that date, but deny that it was caused by your negligence. If you deny the truthfulness of a fact, the other party will need to prove that fact at trial.
DO NOT deny all the requests just to make the other party prove every fact. If you are found to have improperly denied a request, the court may order you to pay all attorney’s fees and costs incurred by the other party to prove the fact at trial. Additionally, if you purposely deny a fact you know to be true, you are committing perjury and opening yourself to possible criminal charges!
- I Cannot truthfully admit or deny the matters set forth in this request because I do not have personal knowledge of these matters, despite a reasonable inquiry into the matter by reviewing all of the records and information available to me to obtain information from which the truth or falsity of the matter might be learned. This is a legalese way of stating that you do not know if the fact is true, and that after carefully reviewing all the evidence available to you, you cannot determine if the fact is true or false. You are required to perform a reasonable investigation of the evidence available to you before making this response. If you do not, the requesting party may file a motion to have the facts deemed admitted by the court, or a motion to compel further responses, both of which may carry sanctions (monetary penalties) against you. If your failure to investigate results in the fact needing to be proven at trial, the court may order you to pay all attorney’s fees and costs incurred by the other party to prove the fact at trial.
In addition, your responses must be “verified,” meaning that you must sign under penalty of perjury that your responses are true and correct. We will provide you with the verification form to sign.
URGENT TIME DEADLINE
We only have 30 days after the request for admission were served on us to serve your responses to the request for admission on the other side who propounded them on you. This is a tall order. We must scan the request for admission into our system, send them to you along with these instructions. You must answer all questions. Send your answers to us. We must convert them to legal format, review the answers, make any changes, and then send the responses to defendant. There is no time for delay during this process. What this means is that you must send us your full responses to the request for admission back to us within 5 calendar days of receiving them from us. If you will be delayed let us know. A significant delay on your part will not only prejudice your case but may also result in your being ordered to pay significant monetary sanctions to the other side. This could be in the thousands of dollars. Do not delay, get us your responses as soon as possible within 5 days of receiving the discovery from us.
In Closing
If you have any questions about answering your discovery, contact us at The Law Office of Norman Gregory Fernandez by calling 800-816-1529 ext. 0.
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