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 Wyoming, 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.
Wyoming Rules of Civil Procedure
Wyoming has adopted the Wyoming Rules of Civil Procedure which
contain rules governing discovery. The discovery rules also apply
in divorce actions.
Discovery Methods:
Parties may obtain discovery by one or
more of the following methods:(1) Depositions upon oral examination or
written questions; (2) Written interrogatories; (3) Production of documents
or things or permission to enter upon land or other property, for inspection
and other purposes; (4) Physical and mental examinations; and (5) Requests
for admission. Rule 26(a)
Scope:
Unless otherwise limited by order of the court in
accordance with these rules, the scope of discovery is as follows: (1)(A)
In General. Parties may obtain discovery regarding any matter, not privileged,
which is relevant to the subject matter involved in the pending action,
whether it relates to the claim or defense of the party seeking discovery
or to the claim or defense of any other party, including the existence,
description, nature, custody, condition and location of any books, documents,
or other tangible things and the identity and location of persons having
knowledge of any discoverable matter. It is not ground for objection that
the information sought will be inadmissible at the trial if the information
sought appears reasonably calculated to lead to the discovery of admissible
evidence. Rule 26(b)
Limitations:
The frequency or extent of use of the discovery
methods set forth in subdivision (a) may be limited by the court if it
determines that: (i) the discovery sought is unreasonably cumulative or
duplicative, or is obtainable from some other source that is more convenient,
less burdensome, or less expensive; (ii) the party seeking discovery has
had ample opportunity by discovery in the action to obtain the information
sought; or (iii) the discovery is unduly burdensome or expensive, taking
into account the needs of the case, the amount in controversy, limitations
on the parties' resources, and the importance of the issues at stake in
the litigation. The court may act upon its own initiative after reasonable
notice or pursuant to a motion under subdivision(c).
Rule 26(b)
Experts:
Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of subdivision
(b)(1) and acquired or developed in anticipation of litigation or for trial,
may be obtained only as follows:
(A)(i) A party may through interrogatories require any other party
to identify each person whom the other party expects to call as an expert
witness at trial, to state the subject matter on which the expert is expected
to testify, and to state the substance of the facts and opinions to which
the expert is expected to testify and a summary of the grounds for each
opinion.
(ii) A party may depose any person who has been identified as an
expert whose opinions may be presented at trial. Upon motion, the court
may order further discovery by other means. Such deposition or other discovery
is subject to such restrictions as to scope and such provisions, pursuant
to subdivision (b)(4)(C), concerning fees and expenses as the court may
deem appropriate.
(B) A party may discover facts known or opinions held by an expert
who has been retained or specially employed by another party in anticipation
of litigation or preparation for trial and who is not expected to be called
as a witness at trial, only as provided in Rule 35(b) or upon a showing
of exceptional circumstances under which it is impracticable for the party
seeking discovery to obtain facts or opinions on the same subject by other
means.
(C) Unless manifest injustice would result:
(i) The court shall require that the party seeking discovery pay
the expert a reasonable fee for time spent in responding to discovery under
subdivisions (b)(4)(A)(ii) and (b)(4)(B); and
(ii) With respect to discovery obtained under subdivision (b)(4)(A)(ii)
the court may require, and with respect to discovery obtained under subdivision
(b)(4)(B) the court shall require, the party seeking discovery to pay the other party a fair portion of
the fees and expenses reasonably incurred by the latter party in obtaining
facts and opinions from the expert. 26(b)(4)
Supplementation of Responses:
A party who has responded to a request for discovery 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:
(B) The identity of each person not theretofore identified expected
to be called as an expert witness at trial, the subject matter on which
the person is expected to testify, and the substance of the person's testimony;
(2) A party is under a duty seasonably to amend a prior response
to an interrogatory, request for production, or request for admission if
the party learns that the response is in some material respect incomplete
or incorrect and if the additional or corrective information has not otherwise
been made known to the other parties during the discovery process or in
writing.
(3) A duty to supplement responses may be imposed by order of the
court, agreement of the parties, or at any time prior to trial through
new requests for supplementation of prior responses.
Rule 26(e)
Discovery conference:
At any time after commencement of an action the court may direct the attorneys for the parties to appear before
it for a conference on the subject of discovery. Rule 26(f)
Before Whom Depositions May Be Taken:
Within the United States.
Within the United States or within a territory or insular possession subject
to the jurisdiction of the United States, depositions shall be taken before
an officer authorized to administer oaths by the laws of this state or
of the United States or of the place where the examination is held, or
before a person appointed by the court in which the action is pending.
A person so appointed has power to administer oaths and take testimony.
The term "officer" as used in Rules 30, 31 and 32 includes a person appointed
by the court or designated by the parties under Rule 29. Rule 28(a)
Foreign Countries.
Depositions may be taken in a foreign country
(1) pursuant to any applicable treaty or convention, or (2) pursuant to
a letter of request (whether or not captioned a letter rogatory), or (3)
on notice before a person authorized to administer oaths in the place in
which the examination is held, either by the law thereof or by the law
of the United States, or (4) before a person commissioned by the court,
and a person so commissioned shall have the power by virtue of the commission
to administer any necessary oath and take testimony. A commission or a
letter of request shall be issued on application and notice and on terms
that are just and appropriate. It is not requisite to the issuance of a
commission or a letter of request that the taking of the deposition in
any other manner is impracticable or inconvenient; and both a commission
and a letter of request may be issued in proper cases. A notice or commission
may designate the person before whom the deposition is to be taken either
by name or descriptive title. A letter of request may be addressed "To
the Appropriate Authority in [here name the country]". When a letter of
request or any other device is used pursuant to any applicable treaty or
convention, it shall be captioned in the form prescribed by that treaty
or convention. Evidence obtained in response to a letter of request need
not be excluded merely because it is not a verbatim transcript, because
the testimony was not taken under oath, or because of any similar departure
from the requirements for depositions taken within the United States under
these rules. Rule 28(b)
Stipulations:
Unless the court orders otherwise, the parties
may by written stipulation:
(1) Provide that depositions may be taken before any person, at
any time or place, upon any notice, and in any manner and when so taken
may be used like other depositions; and
(2) Modify other procedures governing or limitations placed upon
discovery, except that stipulations extending the time provided in Rules
33, 34, and 36 for responses to discovery may, if they would interfere
with any time set for completion of discovery, for hearing of a motion,
or for trial, be made only with the approval of the court. Rule 29
Depositions:
When depositions may be taken; when leave required.
(1) A party may take the testimony of any person, including a party,
by deposition upon oral examination without leave of court except as provided
in paragraph (2). The attendance of witnesses may be compelled by subpoena
as provided in Rule 45.
(2) A party must obtain leave of court, which shall be granted to
the extent consistent with the principles stated in Rule 26(b)(1)(B), if
the person to be examined is confined in prison or if, without the written
stipulation of the parties:
(A) A proposed deposition would result in more than 10 depositions
being taken under this rule or Rule 31 by the plaintiffs, or by the defendants,
or by third-party defendants;
(C) The plaintiff seeks to take a deposition prior to the expiration
of 30 days after service of the summons and complaint upon any defendant
or service made under Rule 4(e), except that such leave is not required
(i) if a defendant has served a notice of taking deposition or otherwise
sought discovery; or (ii) if special notice is given as provided in subdivision
(b)(3). Rule 30(a)
Notice of Examination:
A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing
to every other party to the action. The notice shall state the time and
place for taking the deposition and the name and address of each person
to be examined, if known, and, if the name is not known, a general description
sufficient to identify the person or the particular class or group to which
the person belongs.
Rule 30(b)(1)
Interrogatories
Availability. Without leave of court or written stipulation, any
party may serve upon any other party written interrogatories, not exceeding
30 in number including all discrete subparts, to be answered by the party
served or, if the party served is a public or private corporation or a
partnership or association or governmental agency, by any officer or agent,
who shall furnish such information as is available to the party. Leave
to serve additional interrogatories shall be granted to the extent consistent
with the principles of Rule 26(b)(1)(B). Rule 33(a)
Answers and objections.
(1) Each interrogatory shall be answered
separately and fully in writing under oath, unless it is objected
to, in which event the objecting party shall state the reasons for objection
and shall answer to the extent the interrogatory is not objectionable.
(2) The answers are to be signed by the person making them, and
the objections signed by the attorney making them.
(3) The party upon whom the interrogatories have been served shall
serve a copy of the answers, and objections if any, within 30 days after
the service of the interrogatories, except that a defendant may serve answers
or objections within 45 days after service of the summons and complaint
upon that defendant. A shorter or longer time may be directed by the court
or, in the absence of such an order, agreed to in writing by the parties
subject to Rule 29.
(4) All grounds for an objection to an interrogatory shall be stated
with specificity. Any ground not stated in a timely objection is waived
unless the party's failure to object is excused by the court for
good cause shown.
(5) The party submitting the interrogatories may move for an order
under Rule 37(a) with respect to any objection to or other failure to answer
an interrogatory. Rule 33(b)
Scope;use at trial.
Interrogatories may relate to any matters which
can be inquired into under Rule 26(b), and the answers may be used to the
extent permitted by the rules of evidence.
An interrogatory otherwise proper is not necessarily objectionable
merely because an answer to the interrogatory involves an opinion or contention
that relates to fact or the application of law to fact, but the court may
order that such an interrogatory need not be answered until after designated
discovery has been completed or until a pretrial conference or other later
time. Rule 33(c)
Production
Scope.
Any party may serve on any other party a request:
(1) To produce and permit the party making the request, or someone acting on the requestor's
behalf, to inspect and copy, any designated documents (including writings,
drawings, graphs, charts, photographs, phono-records, and other data compilations
from which information can be obtained, translated, if necessary, by the
respondent through detection devices into reasonably usable form), or to
inspect and copy, test, or sample any tangible things which constitute
or contain matters within the scope of Rule 26(b) and which are in the
possession, custody or control of the party upon whom the request is served;
or
(2) To permit entry upon designated land or other property in the
possession or control of the party upon whom the request is served for
the purpose of inspection and measuring, surveying, photographing, testing,
or sampling the property or any designated object or operation thereon,
within the scope of Rule 26(b). Rule 38(a)
Procedure.
The request may, without leave of court, be served upon
the plaintiff after commencement of the action and upon any other party
with or after service of the summons and complaint upon that party. The
request shall set forth, either by individual item or by category, the
items to be inspected, and describe each with reasonable particularity.
The request shall specify a reasonable time, place, and manner of making
the inspection and performing the related acts.
The party upon whom the request is served shall serve a written
response within 30 days after the service of the request, except that a
defendant may serve a response within 45 days after service of the summons
and complaint upon that defendant. A shorter or longer time may be directed
by the court or, in the absence of such an order, agreed to in writing
by the parties, subject to Rule 29. The response shall state, with respect
to each item or category, that inspection and related activities will be
permitted as requested, unless the request is objected to, in which event
the reasons for objection shall be stated. If objection is made to part
of an item or category, the part shall be specified and inspection permitted
of the remaining parts. The party submitting the request may move for an
order under Rule 37(a) with respect to any objection to or other failure
to respond to the request or any part thereof, or any failure to permit
inspection as requested.
A party who produces documents for inspection shall produce them
as they are kept in the usual course of business or shall organize and
label them to correspond with the categories in the request. Rule 38(b)
Physical and Mental Examination of Persons.
Order for examination.
When the mental or physical condition (including
the blood group) of a party, or of a person in the custody or under the
legal control 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 suitably licensed or certified examiner or to produce for examination
the person in the party's custody or legal control. The order may be made
only on motion for good cause shown and upon notice to the person to be
examined and to all parties and shall specify the time, place, manner,
conditions, and scope of the examination and the person or persons by whom
it is to be made. Rule 35(a)
Report Of Examiner.
(1) If requested by the party against whom an
order is made under Rule 35(a) or the person examined, the party causing
the examination to be made shall deliver to the requesting party a copy
of a detailed written report of the examiner setting out the examiner's
findings, including results of all tests made, diagnoses and conclusions,
together with like reports of all earlier examinations of the same condition.
After delivery the party causing the examination shall be entitled upon
request to receive from the party against whom the order is made a like
report of any examination, previously or thereafter made, of the same condition,
unless, in the case of a report of examination of a person not a party,
the party shows that the party is unable to obtain it. The court on motion
may make an order against a party requiring delivery of a report on such
terms as are just, and if an examiner fails or refuses to make a report
the court may exclude the examiner's testimony if offered at the trial.
(2) By requesting and obtaining a report of the examination so ordered
or by taking the deposition of the examiner, the party examined waives
any privilege the party may have in that action or any other involving
the same controversy, regarding the testimony of every other person who
has examined or may thereafter examine the party in respect of the same
mental or physical condition.
(3) This subdivision applies to examinations made by agreement of
the parties, unless the agreement expressly provides otherwise. This subdivision
does not preclude discovery of a report of an examiner or the taking of
a deposition of the examiner in accordance with the provisions of any other
rule. Rule 35(b)
Requests for Admissions
Request for admission.
A party may serve upon any other party a
written request for the admission, for purposes of the pending action only,
of the truth of any matters within the scope of Rule 26(b) set forth in
the request that relate to statements or opinions of fact or of the application
of law to fact, including the genuineness of any documents described in
the request. Copies of documents shall be served with the request unless
they have been or are otherwise furnished or made available for inspection
and copying. The request may, without leave of court, be served upon the
plaintiff after commencement of the action and upon any other party with
or after service of the summons and complaint upon that party.
Each matter of which an admission is requested shall be separately
set forth. The matter is admitted unless, within 30 days after service
of the request, or within such shorter or longer time as the court may
allow, the party to whom the request is directed serves upon the party
requesting the admission a written answer or objection addressed to the
matter, signed by the party or by the party's attorney, but, unless the
court shortens the time, a defendant shall not be required to serve answers
or objections before the expiration of 45 days after service of the summons
and complaint upon that defendant. If objection is made, the reasons therefor
shall be stated. The answer shall specifically deny the matter or set forth
in detail the reasons why the answering party cannot truthfully admit or
deny the matter. A denial shall fairly meet the substance of the requested
admission, and when good faith requires that a party qualify an answer
or deny only a part of the matter of which an admission is requested, the
party shall specify so much of it as is true and qualify or deny the remainder.
An answering party may not give lack of information or knowledge as a reason
for failure to admit or deny unless the party states that the party has
made reasonable inquiry and that the information known or readily obtainable
by the party is insufficient to enable the party to admit or deny. A party
who considers that a matter of which an admission has been requested presents
a genuine issue for trial may not, on that ground alone, object to the
request; the party may, subject to the provisions of Rule 37(c), deny the
matter or set forth reasons why the party cannot admit or deny it. Rule
36(a)
Motion For Order Compelling Discovery
Motion for order compelling discovery.
A party, upon reasonable notice to other parties and all persons affected thereby, may apply for
an order compelling discovery as follows:
(1) Appropriate Court. An application for an order to a party
shall be made to the court in which the action is pending. An application
for an order to a person who is not a party shall be made to the court
where the discovery is being, or is to be, taken.
(2) Motion. If a deponent fails to answer a question propounded
or submitted under Rule 30 or 31, or a corporation or other entity fails
to make a designation under Rule 30(b)(6) or 31(a), or a party fails to
answer an interrogatory submitted under Rule 33, or if a party, in response
to a request for inspection submitted under Rule 34, fails to respond that
inspection will be permitted as requested or fails to permit inspection
as requested, the discovering party may move for an order compelling an
answer, or a designation, or an order compelling inspection in accordance
with the request. The motion must include a certification that the movant
has in good faith conferred or attempted to confer with the person or party
failing to make the discovery in an effort to secure the information or
material without court action. When taking a deposition on oral examination,
the proponent of the question may complete or adjourn the examination before
applying for an order. Rule 37(a)
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.
