This is a sample set of 28 Interrogatories from Defendant to Plaintiff for use in connection with a vehicle incident, such as an automobile accident. You should only use this form as a guide and delete questions not relevant to your case, as well as add questions you or your client want to ask the Defendant based upon the facts of your case.
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Ohio Interrogatories to Plaintiff for Motor Vehicle Occurrence
Negligent Entrustment Interrogatories
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FAQ
Motions to Compel If a party doesn't respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. If the court grants the motion to compel, then the party who objected or failed to answer must then do so.
So, can you refuse to answer interrogatories? The answer is, no, you may not.That answer must either permit inspection of the requested information or object to the production of the information for a specific reason.
Interrogatories Interrogatories are written questions that are sent by one party to another. Generally speaking, the party who receives these questions has 30 days to answer them.If the other party fails to respond on time, within 30 days, then the questions are deemed admitted.
Written questions submitted to a party from his or her adversary to ascertain answers that are prepared in writing and signed under oath and that have relevance to the issues in a lawsuit.No party can be compelled to answer interrogatories that involve matters beyond the party's control.
Interrogatories can be quicker, less costly, and less complicated than depositions, but there are downsides. Since the questions are written, the witness may have more time to think and craft answers, rather than providing more candid answers during discovery.
But the usual cases will settle after intensive (and expensive) discovery is concluded, usually a few months before the actual trial, sometimes literally on the steps of the court house or in the first few days of trial if parties are willing to push the settlement envelope as far as they can.
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.
The purpose of interrogatories is to learn a great deal of general information about a party in a lawsuit. For example, the defendant in a personal injury lawsuit about a car accident might send you interrogatories asking you to disclose things like: Where you live.
There are also form interrogatories for employment law cases that ask questions that arise in employment disputes. Special interrogatories are questions that are prepared by an attorney that ask specific questions about the case.
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Law summary
Interrogatories to Plaintiff for Motor Vehicle Occurrence
Note: This summary is not intended to be an all inclusive summary of discovery law in Ohio, 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.
Ohio Rules of Civil Procedure
Ohio has adopted the Ohio Rules of Civil Procedure which contain rules governing discovery.
Discovery Methods:
It is the policy of these rules (1) to preserve the right of attorneys to prepare cases for trial with that degree of privacy necessary to encourage them to prepare their cases thoroughly and to investigate not only the favorable but the unfavorable aspects of such cases and (2) to prevent an attorney from taking undue advantage of his adversary's industry or efforts.
Parties may obtain discovery by one or more of the following methods: deposition upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admission. Unless the court orders otherwise, the frequency of use of these methods is not limited. Rule 26(a)
Scope:
Unless otherwise ordered by the court in accordance with these rules, the scope of discovery is as follows:
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)(1)
Experts:
(a) Subject to the provisions of subdivision (B)(4)(b) of this rule and Rule 35(B), a party may discover facts known
or opinions held by an expert retained or specially employed by another
party in anticipation of litigation or preparation for trial only upon
a showing that the party seeking discovery is unable without undue hardship
to obtain facts and opinions on the same subject by other means or upon
a showing of other exceptional circumstances indicating that denial of
discovery would cause manifest injustice.
(b) As an alternative or in addition to obtaining discovery under
subdivision (B)(4)(a) of this rule, a party by means of interrogatories
may require any other party (i) to identify each person whom the other
party expects to call as an expert witness at trial, and (ii) to state
the subject matter on which the expert is expected to testify. Thereafter,
any party may discover from the expert or the other party facts known or
opinions held by the expert which are relevant to the stated subject matter.
Discovery of the expert's opinions and the grounds therefor is restricted
to those previously given to the other party or those to be given on direct
examination at trial.
(c) The court may require that the party seeking discovery under
subdivision (B)(4)(b) of this rule pay the expert a reasonable fee for
time spent in responding to discovery, and, with respect to discovery permitted
under subdivision (B)(4)(a) of this rule, may require a party to pay another
party a fair portion of the fees and expenses incurred by the latter party
in obtaining facts and opinions from the expert. 26(B)(4)
Sequence and timing of 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 26(D)
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 his response to include information thereafter acquired, except as follows:
(1) A party is under a duty seasonably to supplement his 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 subject matter on which he is expected to testify.
(2) A party who knows or later learns that his response is incorrect
is under a duty seasonably to correct the response.
(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
requests for supplementation of prior responses.
Rule 26(E)
Depositions
Before Whom Depositions May Be Taken:
Depositions may be taken in this state before a person authorized to administer any oath by the laws of this state, a person appointed by the court in which the action is pending, or a person agreed upon by written stipulation of all the parties.
Depositions may be taken outside this state before a person authorized to administer oaths in the place where the deposition is taken, a person appointed by the court in which the action is pending, a person agreed upon by written stipulation of all the parties, or, in any foreign country, by any consular officer of the United States within his consular district. Rule 28
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 the procedures provided by these rules for other methods of discovery.
Rule 29
Depositions upon oral examination
(A) After commencement of the action, any party may take the testimony
of any person, including a party, by deposition upon oral examination.
The attendance of a witness deponent may be compelled by the use of subpoena
as provided by Civ. R. 45. The attendance of a party deponent may be compelled
by the use of notice of examination as provided by division (B) of this
rule. The deposition of a person confined in prison may be taken only by
leave of court on such terms as the court prescribes. Rule 30(A)
(1) 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.
If a subpoena duces tecum is to be served on the person to be examined,
a designation of the materials to be produced shall be attached to or included
in the notice.
(2) If any party shows that when the party was served with notice
the party was unable, through the exercise of diligence, to obtain counsel
to represent the party at the taking of the deposition, the deposition
may not be used against the party.
(3) If a party taking a deposition wishes to have the testimony
recorded by other than stenographic means, the notice shall specify the
manner of recording, preserving, and filing the deposition. The court may
require stenographic taking or make any other order to ensure that the
recorded testimony will be accurate and trustworthy.
(4) The notice to a party deponent may be accompanied by a request
made in compliance with Civ. R. 34 for the production of documents and
tangible things at the taking of the deposition.
(5) A party, in the party's notice, may name as the deponent a public
or private corporation, a partnership, or an association and designate
with reasonable particularity the matters on which examination is requested.
The organization so named shall choose one or more of its proper employees,
officers, agents, or other persons duly authorized to testify on its behalf.
The persons so designated shall testify as to matters known or available
to the organization. Division (B)(5) does not preclude taking a deposition
by any other procedure authorized in these rules.
(6) The parties may stipulate in writing or the court may upon motion
order that a deposition be taken by telephone. For purposes of this rule,
Civ. R. 28, and Civ. R. 45(C), a deposition taken by telephone is taken
in the county and at the place where the deponent is to answer questions
propounded to the deponent. Rule 30(B)
Interrogatories
Any party, without leave of court, may serve upon any other party up to forty written interrogatories to be answered by the party served. A party shall not propound more than forty interrogatories to any other party without leave of court. Upon motion, and for good cause shown, the court may extend the number of interrogatories that a party may serve upon another party. For purposes of this rule, any subpart propounded under an interrogatory shall be considered a separate interrogatory.
If the party served is a public or private corporation or a partnership or association, the organization shall choose one or more of its proper employees, officers, or agents to answer the interrogatories, and the employee, officer, or agent shall furnish information as is known or available to the organization.
Interrogatories, without leave of court, may 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 the party.
Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. When the number of interrogatories exceeds forty without leave of court, the party upon whom the interrogatories have been served need only answer or object to the first forty interrogatories. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers and objections within a period designated by the party submitting the interrogatories, not less than twenty-eight days after the service of the interrogatories or within such shorter or longer time as the court may allow. The party submitting the interrogatories may move for an order under Civ.R. 37 with respect to any objection to or other failure to answer an interrogatory. Rule 33(A)
Interrogatories may relate to any matters that can be inquired into under Civ.R. 26(B), and the answers may be used to the extent permitted by the rules of evidence.
The party calling for such examination shall not thereby be concluded but may rebut it by evidence.
An interrogatory otherwise proper is not objectionable merely because an answer to the interrogatory involves an opinion, contention, or legal conclusion, but the court may order that such an interrogatory be answered at a later time, or after designated discovery has been completed, or at a pretrial conference. Rule 33(B)
The party submitting interrogatories shall arrange them so that there is sufficient space after each interrogatory in which to type the answer or objections to that interrogatory. The minimum vertical space between interrogatories shall be one inch. Rule 33(D)
Production
Subject to the scope of discovery provisions of Civ. R. 26(B), any party may serve on any other party a request to produce and permit the party making the request, or someone acting on the requesting party's behalf (1) to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, phonorecords, and other data compilations from which intelligence can be perceived, with or without the use of detection devices) that are in the possession, custody, or control of the party upon whom the request is served; (2) to inspect and copy, test, or sample any tangible things that are in the possession, custody, or control of the party upon whom the request is served; (3) to enter 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 on the property. Rule 34(A)
Without leave of court, the request may 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 the items to be inspected either by individual item or by category and describe each item and category 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 a period designated in the request that is not less than twenty-eight days after the service of the request or within a shorter or longer time as the court may allow. With respect to each item or category, the response shall state that inspection and related activities will be permitted as requested, unless it 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. The party submitting the request may move for an order under Civ. R. 37 with respect to any objection to or other failure to respond to the request or any part of the request, or any failure to permit inspection as requested.
A party who produces documents for inspection shall, at its option, produce them as they are kept in the usual course of business or organized and labeled to correspond with the categories in the request.
Rule 34(B)
Physical and Mental Examinations of Persons
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 himself to a physical or mental examination or to produce for such 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)
(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 such party or person a copy of the detailed written report
submitted by the examiner to the party causing the examination to be made.
The report shall set 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
he is unable to obtain it. The court on motion may make an order against
a party to require delivery of a report on such terms as are just. If an
examiner fails or refuses to make a report, the court on motion may order,
at the expense of the party causing the examination, the taking of the
deposition of the examiner if his testimony is to be offered at 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 he 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 him in respect of the same mental or physical
condition.
(3) This subdivision, 35(B), applies to examinations made by agreement
of the parties, unless the agreement expressly provides otherwise.
Rule 35(B)
Requests for Admissions
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 a period designated in the request, not less than twenty-eight days after service thereof 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 his attorney. 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 his answer, or deny only a part of the matter of which an admission is requested, he 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 he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him 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; he may, subject to the provisions of Rule 37(C), deny the matter or set forth reasons why he cannot admit or deny it.
The party who has requested the admissions may move for an order with respect to the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Rule 37(A)(4) apply to the award of expenses incurred in relation to the motion. Rule 36
Compel Discovery
A) Motion for order compelling discovery. Upon reasonable notice
to other parties and all persons affected thereby, a party may move for
an order compelling discovery as follows:
(1) Appropriate court. A motion for an order to a party or a deponent
shall be made to the court in which the action is pending.
(2) Motion. If a deponent fails to answer a question propounded
or submitted under Rule 30 or Rule 31, 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 an order compelling
inspection in accordance with the request. On matters relating to a deposition
on oral examination, the proponent of the question may complete or adjourn
the examination before he applies for an order.
(3) Evasive or incomplete answer. For purposes of this subdivision
an evasive or incomplete answer is a failure to answer. Rule 37
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.
Legal definition
Interrogatories to Plaintiff for Motor Vehicle Occurrence
Note: This summary is not intended to be an all inclusive summary of discovery law in Ohio, 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.
Ohio Rules of Civil Procedure
Ohio has adopted the Ohio Rules of Civil Procedure which contain rules governing discovery.
Discovery Methods:
It is the policy of these rules (1) to preserve the right of attorneys to prepare cases for trial with that degree of privacy necessary to encourage them to prepare their cases thoroughly and to investigate not only the favorable but the unfavorable aspects of such cases and (2) to prevent an attorney from taking undue advantage of his adversary's industry or efforts.
Parties may obtain discovery by one or more of the following methods: deposition upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admission. Unless the court orders otherwise, the frequency of use of these methods is not limited. Rule 26(a)
Scope:
Unless otherwise ordered by the court in accordance with these rules, the scope of discovery is as follows:
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)(1)
Experts:
(a) Subject to the provisions of subdivision (B)(4)(b) of this rule and Rule 35(B), a party may discover facts known
or opinions held by an expert retained or specially employed by another
party in anticipation of litigation or preparation for trial only upon
a showing that the party seeking discovery is unable without undue hardship
to obtain facts and opinions on the same subject by other means or upon
a showing of other exceptional circumstances indicating that denial of
discovery would cause manifest injustice.
(b) As an alternative or in addition to obtaining discovery under
subdivision (B)(4)(a) of this rule, a party by means of interrogatories
may require any other party (i) to identify each person whom the other
party expects to call as an expert witness at trial, and (ii) to state
the subject matter on which the expert is expected to testify. Thereafter,
any party may discover from the expert or the other party facts known or
opinions held by the expert which are relevant to the stated subject matter.
Discovery of the expert's opinions and the grounds therefor is restricted
to those previously given to the other party or those to be given on direct
examination at trial.
(c) The court may require that the party seeking discovery under
subdivision (B)(4)(b) of this rule pay the expert a reasonable fee for
time spent in responding to discovery, and, with respect to discovery permitted
under subdivision (B)(4)(a) of this rule, may require a party to pay another
party a fair portion of the fees and expenses incurred by the latter party
in obtaining facts and opinions from the expert. 26(B)(4)
Sequence and timing of 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 26(D)
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 his response to include information thereafter acquired, except as follows:
(1) A party is under a duty seasonably to supplement his 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 subject matter on which he is expected to testify.
(2) A party who knows or later learns that his response is incorrect
is under a duty seasonably to correct the response.
(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
requests for supplementation of prior responses.
Rule 26(E)
Depositions
Before Whom Depositions May Be Taken:
Depositions may be taken in this state before a person authorized to administer any oath by the laws of this state, a person appointed by the court in which the action is pending, or a person agreed upon by written stipulation of all the parties.
Depositions may be taken outside this state before a person authorized to administer oaths in the place where the deposition is taken, a person appointed by the court in which the action is pending, a person agreed upon by written stipulation of all the parties, or, in any foreign country, by any consular officer of the United States within his consular district. Rule 28
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 the procedures provided by these rules for other methods of discovery.
Rule 29
Depositions upon oral examination
(A) After commencement of the action, any party may take the testimony
of any person, including a party, by deposition upon oral examination.
The attendance of a witness deponent may be compelled by the use of subpoena
as provided by Civ. R. 45. The attendance of a party deponent may be compelled
by the use of notice of examination as provided by division (B) of this
rule. The deposition of a person confined in prison may be taken only by
leave of court on such terms as the court prescribes. Rule 30(A)
(1) 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.
If a subpoena duces tecum is to be served on the person to be examined,
a designation of the materials to be produced shall be attached to or included
in the notice.
(2) If any party shows that when the party was served with notice
the party was unable, through the exercise of diligence, to obtain counsel
to represent the party at the taking of the deposition, the deposition
may not be used against the party.
(3) If a party taking a deposition wishes to have the testimony
recorded by other than stenographic means, the notice shall specify the
manner of recording, preserving, and filing the deposition. The court may
require stenographic taking or make any other order to ensure that the
recorded testimony will be accurate and trustworthy.
(4) The notice to a party deponent may be accompanied by a request
made in compliance with Civ. R. 34 for the production of documents and
tangible things at the taking of the deposition.
(5) A party, in the party's notice, may name as the deponent a public
or private corporation, a partnership, or an association and designate
with reasonable particularity the matters on which examination is requested.
The organization so named shall choose one or more of its proper employees,
officers, agents, or other persons duly authorized to testify on its behalf.
The persons so designated shall testify as to matters known or available
to the organization. Division (B)(5) does not preclude taking a deposition
by any other procedure authorized in these rules.
(6) The parties may stipulate in writing or the court may upon motion
order that a deposition be taken by telephone. For purposes of this rule,
Civ. R. 28, and Civ. R. 45(C), a deposition taken by telephone is taken
in the county and at the place where the deponent is to answer questions
propounded to the deponent. Rule 30(B)
Interrogatories
Any party, without leave of court, may serve upon any other party up to forty written interrogatories to be answered by the party served. A party shall not propound more than forty interrogatories to any other party without leave of court. Upon motion, and for good cause shown, the court may extend the number of interrogatories that a party may serve upon another party. For purposes of this rule, any subpart propounded under an interrogatory shall be considered a separate interrogatory.
If the party served is a public or private corporation or a partnership or association, the organization shall choose one or more of its proper employees, officers, or agents to answer the interrogatories, and the employee, officer, or agent shall furnish information as is known or available to the organization.
Interrogatories, without leave of court, may 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 the party.
Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. When the number of interrogatories exceeds forty without leave of court, the party upon whom the interrogatories have been served need only answer or object to the first forty interrogatories. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers and objections within a period designated by the party submitting the interrogatories, not less than twenty-eight days after the service of the interrogatories or within such shorter or longer time as the court may allow. The party submitting the interrogatories may move for an order under Civ.R. 37 with respect to any objection to or other failure to answer an interrogatory. Rule 33(A)
Interrogatories may relate to any matters that can be inquired into under Civ.R. 26(B), and the answers may be used to the extent permitted by the rules of evidence.
The party calling for such examination shall not thereby be concluded but may rebut it by evidence.
An interrogatory otherwise proper is not objectionable merely because an answer to the interrogatory involves an opinion, contention, or legal conclusion, but the court may order that such an interrogatory be answered at a later time, or after designated discovery has been completed, or at a pretrial conference. Rule 33(B)
The party submitting interrogatories shall arrange them so that there is sufficient space after each interrogatory in which to type the answer or objections to that interrogatory. The minimum vertical space between interrogatories shall be one inch. Rule 33(D)
Production
Subject to the scope of discovery provisions of Civ. R. 26(B), any party may serve on any other party a request to produce and permit the party making the request, or someone acting on the requesting party's behalf (1) to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, phonorecords, and other data compilations from which intelligence can be perceived, with or without the use of detection devices) that are in the possession, custody, or control of the party upon whom the request is served; (2) to inspect and copy, test, or sample any tangible things that are in the possession, custody, or control of the party upon whom the request is served; (3) to enter 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 on the property. Rule 34(A)
Without leave of court, the request may 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 the items to be inspected either by individual item or by category and describe each item and category 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 a period designated in the request that is not less than twenty-eight days after the service of the request or within a shorter or longer time as the court may allow. With respect to each item or category, the response shall state that inspection and related activities will be permitted as requested, unless it 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. The party submitting the request may move for an order under Civ. R. 37 with respect to any objection to or other failure to respond to the request or any part of the request, or any failure to permit inspection as requested.
A party who produces documents for inspection shall, at its option, produce them as they are kept in the usual course of business or organized and labeled to correspond with the categories in the request.
Rule 34(B)
Physical and Mental Examinations of Persons
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 himself to a physical or mental examination or to produce for such 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)
(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 such party or person a copy of the detailed written report
submitted by the examiner to the party causing the examination to be made.
The report shall set 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
he is unable to obtain it. The court on motion may make an order against
a party to require delivery of a report on such terms as are just. If an
examiner fails or refuses to make a report, the court on motion may order,
at the expense of the party causing the examination, the taking of the
deposition of the examiner if his testimony is to be offered at 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 he 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 him in respect of the same mental or physical
condition.
(3) This subdivision, 35(B), applies to examinations made by agreement
of the parties, unless the agreement expressly provides otherwise.
Rule 35(B)
Requests for Admissions
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 a period designated in the request, not less than twenty-eight days after service thereof 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 his attorney. 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 his answer, or deny only a part of the matter of which an admission is requested, he 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 he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him 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; he may, subject to the provisions of Rule 37(C), deny the matter or set forth reasons why he cannot admit or deny it.
The party who has requested the admissions may move for an order with respect to the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Rule 37(A)(4) apply to the award of expenses incurred in relation to the motion. Rule 36
Compel Discovery
A) Motion for order compelling discovery. Upon reasonable notice
to other parties and all persons affected thereby, a party may move for
an order compelling discovery as follows:
(1) Appropriate court. A motion for an order to a party or a deponent
shall be made to the court in which the action is pending.
(2) Motion. If a deponent fails to answer a question propounded
or submitted under Rule 30 or Rule 31, 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 an order compelling
inspection in accordance with the request. On matters relating to a deposition
on oral examination, the proponent of the question may complete or adjourn
the examination before he applies for an order.
(3) Evasive or incomplete answer. For purposes of this subdivision
an evasive or incomplete answer is a failure to answer. Rule 37
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.
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