For interrogatories, action words such as “list,” “describe,” “identify,” or “state” are very useful. You may ask the other side to identify a document but you cannot use this form of discovery to get them to give it to you. Requesting documents requires a different kind of discovery process.
Interrogatories are lists of questions sent to the other party that s/he must respond to in writing. You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion.
Proper Discovery Objections To Requests For Production Ambiguous (only if the question is really unintelligible) Cembrook v Superior Court (56 C2d 423, 430) Improper form CCP § 2031.030 Information equally available CCP § 2031.230 Insufficient particularity CCP § 2031.030(c)(1)
You can object to an interrogatory if the information sought is known by the requesting party or available to both parties equally. For example, you should raise this objection if the answers are publicly available or in a third-party's custody or control.
The filing of timely discovery objections defers the requirement to answer the question until the defendant objects to your objections. You need to be clear in your objections or risk waving them. Federal Rule 33(b)(4) emphasizes that the “grounds for objecting to an interrogatory must be stated with specificity.
However, you can object to interrogatories that call for legal conclusions. You can also object to questions if they are not at all related to the court case. To object, you need to write out the reasons for the objection instead of answering the question.
Retain Your Response and Proof of Service You do not need to file your response or proof of service with the court. If the other party claims you did not respond, you may use these documents to defend yourself against a Motion to Compel.
How To Write a Discovery Request for Production Have a Meet-and-Confer Session. The first step is to meet and confer with the other party. Determine the Evidence That You Need. The next step is to determine what type of evidence you need. Create a Request. Wait for a Response.
The very first step in any discovery process is typically a kickoff meeting. If you're working one-on-one with a client, this meeting is just between you and your client. If you're working with a medium-to-large sized business, there may be multiple decision makers on the client's end who'll attend this meeting.
Parties usually send their discovery requests and responses to the other party electronically, by email. But, parties may also send or respond to discovery requests by U.S. mail or a parcel service. Discovery requests and responses should not be sent to the Administrative Judge, except to support a motion.