Interrogatories to Defendant for Motor Vehicle Accident
Note: This summary is not intended to be an all-inclusive
summary of discovery law in Iowa, 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.
Iowa Rules of Civil Procedure
Iowa has adopted the Iowa Rules of Civil Procedure. The rules of
discovery are contained in the Iowa Rules of Civil Procedure. The discovery
rules also apply in divorce actions.
Interrogatories
A party may filed not over thirty numbered interrogatories to be
answered by another party, if they are necessary to enable the interrogating
party adequately to prepare for trial. The submitting party may also inquire
as to the existence, nature, custody, control, condition or location of
books or documents. Rule 121
Upon application to the court and the showing of good cause, the
court may permit the filing of more than thirty interrogatories and may
specify the numbered being filed. Rule 122
Production
After issue is joined in any action, any party may file an application
for the production or inspection of any books or papers, not privileged,
which are in the control of any other party, which are in the control of
any other party, which are material to a just determination of the cause,
for the purpose of having them inspected or copied or photostated. Rule
129
A party may be order to permit his adversary to inspect, view, measure,
survey or photograph any personalty or real estate or object or operation
which is relevant to any issue. Rule 131
Noncompliance with Orders
For disobedience to any order made under the rules 121-133 inclusive,
the court may make any further orders that are just. Rule 134
Physical and Mental Examinations of Persons
The court may, in its discretion order a physician to examine as
to any physical or mental condition of a party which is in controversy
an action. Rule 132
Depositions
Restrictions: The deposition of an adverse party, or of any
person whose testimony is sought as representative of such adverse party,
or whose acts or conduct, made the subject of the deposition, is material
to the rights asserted against said adverse party, may not be taken for
purposes of discovery, not at all unless ordered by the court upon application,
notice and hearing and a showing that the witness is or is about to go
beyond the reach of a subpoena, or is for any other cause expected to be
unable to attend at the time of trial. Rule 141
Before Whom Depositions May Be Taken: No deposition shall
be taken before any party, or any person financially interested in the
action, or an attorney or employee of any party, or any person related
by consanguinity or affinity within the fourth degree to any party, his
attorney, or an employee of either of them.
Depositions taken within the United States or a territory or insular
possession thereof may be taken before any person authorized to administer
oaths, by the laws of the United States or the place where the examination
is held.
Depositions in a foreign land may be taken before a secretary of
embassy or legation, or a consul, vice-consul, consul-general or consular
agent of the United States. Rule 153
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.