Discovery Interrogatories from Defendant to Plaintiff with Production Requests
Note: This summary is not intended to be an all-inclusive
summary of discovery law in Michigan, 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.
Michigan Court Rules
The Michigan Court Rules for discovery in domestic actions are
contained in the Michigan Statutes Annotated, Chapter 2, Rules 2.301 through
2.313. The discovery rules also apply in divorce proceedings.
Scope: Parties may obtain discovery regarding any matter,
not privileged, which is relevant to the subject matter involved in the
pending action. Rule 2.302(B)(1)
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 2.302(b)(4)
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
2.302(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 2.302(E)
Depositions:
Before Whom Depositions May Be Taken: Within the United States
or within a territory subject to the dominion of the United States, depositions
shall be taken before an officer authorized to administer oaths by the
laws of the United States, or the place where the examination is held,
or before a person appointed by the court in which the action is pending.
Rule 2.304(A)
If the deposition is taken in a foreign country, it is proper to
take the deposition on notice before a person authorized to administer
oaths in the he place in which the examination is held, or before a person
commissioned by the court, or pursuant to a letter rogatory. Rule 2.304(B)
Interrogatories
Any party may serve upon another party written interrogatories to
be answered by the party served. Each interrogatory shall be answered fully
in writing and under oath. Rule 2.309
Production
Any party may serve upon another party a request to produce certain
documents, not privileged, to be inspected and copied. Rule 2.310
Physical and Mental Examination of Persons
When the mental or physical condition of a party, is in controversy,
the court in which the action is pending may order the party to submit
to a physical or mental examination by a physician or to produce for examination
the person in his custody or control. Rule 2.311
Requests for Admissions
A party may serve upon any other party a written request for the
admission, of the truth of any matters within the scope of Rule 2.302(B)
set forth in the request, including the genuineness of any documents described
in the request. Rule 2.312
Compel Discovery
A party, upon reasonable notice to the other parties may apply for
an order compelling discovery. If a party refuses to allow inspection or
fails to answer a question propounded or submitted under Rule 2.309 or
2.310 the discovering party may move for an order compelling an answer.
Rule 2.313
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.
