Interrogatories to Plaintiff for Motor Vehicle Occurrence
Note: This summary is not intended to be an all inclusive
summary of discovery law in New Hampshire, but does include basic and other
information.
Definitions
Discovery:
A procedure designed to allow disclosure
of information between Plaintiffs and Defendants. Written questions,
oral questioning, document production and admissions requests are generally
allowed. Discovery was designed to to prevent trial by ambush.
Interrogatories:
Written questions from Plaintiff to Defendant, or from Defendant to Plaintiff. The questions are mailed
to the Plaintiff, Defendant or the attorney for response in writing.
The answers or responses are usually due between 20-30 days.
Deposition:
A procedure where verbal questions are asked a Plaintiff or Defendant for immediate response. Depositions
are usually recorded by a court reporter, who swears the person to tell
the truth before questioning begins.
Production of Documents:
The method of obtaining documents from the other party relevant to the case such as all documents a party
intends to introduce at trial.
Requests for Admissions:
Written questions where you request the other party to admit or deny some relevant fact.
Objections:
Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery
of relevant evidence.
Civil Procedure Rules:
Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.
New Hampshire Court Rules
New Hampshire has adopted the New Hampshire Court Rules Annotated
for the Superior Court. The court rules contain provisions for discovery
in domestic actions.
Discovery Methods:
Parties may obtain discovery by one or more of the following methods: depositions upon oral examinations or written
questions, written interrogatories, production of documents or things or
permission to enter upon land or other property, physical and mental examinations,
and requests for admission. Rule 35(a)
Scope of Discovery:
Parties may gain discovery regarding any matter, not privileged, which is relevant to the subject matter in
the pending action. Rule 35(b)
Experts:
A party may through interrogatories require another party to identify each person whom the other party expects to call as an
expert witness at trial. Rule 35(b)(3)
Sequence of Timing and Discovery:
Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice,
orders otherwise, methods of discovery may be used in any sequence and
the fact that a party is conducting discovery, whether by deposition or
otherwise, shall not operate to delay any other party's discovery. Rule
35(d)
Supplementation of Responses:
A party who has responded to written interrogatories with a response that was complete when made is
under no duty to supplement the response to include information thereafter
acquired, except as follows:
(1) A party is under a duty seasonably to supplement the response
with respect to any question directly addressed to (A) the identity and
location of persons having knowledge of discoverable matters and (B) the
identity of each person expected to be called as an expert witness at trial
and the general nature of the subject matter on which the expert is expected
to testify.
(2) A party is under a duty to amend a prior response seasonably
if the party obtains information upon the basis of which the party knows
that the response (A) was incorrect when made or (B) though correct when
made is no longer true. Rule 35(e)
Interrogatories
When objections are made to interrogatories or requests for admissions,
before there is any court hearing, the attorneys for the parties shall
attempt to settle the objections by agreement. Rule 36-A
Depositions
No notice to the adverse party of the taking of depositions shall
be deemed reasonable unless served at least three days before the day on
which they are to be taken. Rule 38
Every notice of a deposition to be taken within the state must contain
the name of the stenographer that will record the testimony. Rule 39
In civil actions, the signature of a person outside the state, acting
as an officer empowered to take depositions or affidavits, with his fixed
seal, to the certificate of an oath administered by him in the taking of
affidavits or depositions, will be prima facie evidence of his authority
so to act. Rule 42
If any deponent refuses to answer any question during a deposition,
or refuses to answer any written interrogatory, the party propounding the
question may apply by motion to the court for an order compelling an answer.
Rule 44
Domestic Actions Discovery Notes
If you require extra time to respond to discovery, you should ask
the other side for an extension in writing. It may also be necessary
to enter an order granting the extension to protect your rights.
Discovery questions are limited in number so select the most important
questions to ask the other side. Don't waste your requests writing
questions that you already know the answer to.
