California Interrogatories to All Defendants — Personal Injury are written questions that can be posed to all defendants in a personal injury case based in California. These interrogatories serve as an essential part of the discovery phase in civil litigation and aim to gather information from the defendants to help build a strong case for the plaintiff. Here is a detailed description of what California Interrogatories to All Defendants — Personal Injury entail, along with a few different types of interrogatories that can be used: 1. Purpose and Overview: California Interrogatories to All Defendants — Personal Injury are designed to elicit specific information, admissions, and details from defendants relevant to the personal injury claim. These written questions help lawyers gather vital facts about the incident, identify responsible parties, evaluate liability, understand the defense strategy, and assess the damages involved. 2. General Interrogatories: General interrogatories request background information about the defendants, including their names, addresses, occupations, and any insurance coverage they possess. These questions aim to establish basic facts about the defendants' connections to the case and potential sources of compensation for the plaintiff. 3. Liability and Negligence Interrogatories: These types of interrogatories target the defendants' actions, behavior, and possible negligence that contributed to the plaintiff's injury. They may inquire about the events preceding the incident, the defendants' knowledge or awareness of potential risks, adherence to safety protocols, and any potential breaches of duty of care. 4. Witnesses and Testimonies Interrogatories: These interrogatories aim to identify witnesses that the defendants may rely upon to support their defense or challenge the plaintiff's claims. Lawyers may ask for the names, contact information, and statements of witnesses who have information relevant to the case. Furthermore, they may inquire about expert witnesses that the defendants intend to call upon at trial. 5. Damages and Medical Treatment Interrogatories: These interrogatories delve into the damages suffered by the plaintiff as a result of the personal injury. Defendants may be asked to provide information regarding the plaintiff's medical treatment, including healthcare providers, medical records, rehabilitation efforts, and expenses incurred. Additionally, they may inquire about any previous injuries or medical conditions that could potentially impact the present case. 6. Insurance Coverage Interrogatories: Ascertaining the defendants' insurance coverage is crucial to determine potential sources of compensation for the plaintiff. Thus, interrogatories may be used to inquire about the insurance policies that defendants have, the coverage amounts, policy limits, deductibles, and any agreements or contracts related to insurance coverage that may impact the case. It is important to note that the specific interrogatories used in a personal injury case can vary depending on the circumstances of the incident, the defendants involved, and the objectives of the plaintiff's legal team. These interrogatories must comply with California civil procedure rules and should be drafted carefully to ensure relevance and effectiveness in building the case.
California Interrogatories to All Defendants - Personal Injury
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Court rules usually limit the number of questions included in an interrogatory. For example, under Rule 33 of the Federal Rules of Civil Procedure, each party may only ask the other party 25 interrogatory questions, unless the court permits them to ask more.
(b) Except as provided in Section 2030.070, no party shall, as a matter of right, propound to any other party more than 35 specially prepared interrogatories. If the initial set of interrogatories does not exhaust this limit, the balance may be propounded in subsequent sets.
Interrogatories allow the parties to ask who, what, when, where and why questions, making them a good method for obtaining new information in a case. There are two types of interrogatories: form interrogatories and special interrogatories.
(b) A plaintiff may propound interrogatories to a party without leave of court at any time that is 10 days after the service of the summons on, or in unlawful detainer actions five days after service of the summons on or appearance by, that party, whichever occurs first.
If your case is an unlimited civil case (over $25,000) you may ask up to 35 special interrogatories, but may ask more with a declaration explaining the need for additional requests and a statement that the request is not done for an improper purpose.
California Form Interrogatory 15.1 (an ?interrogatory? is just a question) is the most important interrogatory to serve on your opposing party in a lawsuit. And the law requires they answer it fully and completely. Yet, so many attorneys refuse to answer the question properly.
If your case is an unlimited civil case (over $25,000) you may ask up to 35 special interrogatories, but may ask more with a declaration explaining the need for additional requests and a statement that the request is not done for an improper purpose.
You must answer the questions or file objections to certain questions or the entire set of interrogatories. For example, you might not want to answer a question because it contains incorrect information like asking you to state who treated your broken leg, but you did not break your leg.