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 Wisconsin, 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.
Wisconsin Rules of Civil Procedure
The Wisconsin Rules of Civil Procedure are contained in the Wisconsin
Statutes, Chapters 801-807. The discovery rules are specifically found
in Chapter 804. The discovery rules also apply in divorce actions.
Discovery Methods:
Parties may obtain discovery by one or more of the following methods: depositions 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 under sub. (3), and
except as provided in section 804.015, the frequency of use of these methods
is not limited. Rule 804.01(1)
Scope:
Unless otherwise limited by order of the court in
accordance with the provisions of this chapter, the scope of discovery is
as follows: 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 804.01(2)
Experts:
Discovery of facts known and opinions held by experts,
otherwise discoverable under paragraph (a) and acquired or developed in
anticipation of litigation or for trial, may be obtained as follows:
1. A party may through written interrogatories require any
other party to identify each person whom the other party expects to call
as an expert witness at trial. 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, subject to
such restrictions as to scope and such provisions, pursuant to subd. 3.
concerning fees and expenses as the court considers appropriate. Rule 804.01(2)(d)1
2. A party may, through written interrogatories or by deposition, 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
upon motion showing that exceptional circumstances exist under which it
is impracticable for the party seeking discovery to obtain facts or opinions
on the same subject by other means. Rule 804.01(2)(d)2
3. Unless manifest injustice would result, the court shall
require that the party seeking discovery pay the expert a reasonable fee
for the time spent in responding to discovery under the last sentence of
subdivisions 1 and 2; and with respect to discovery obtained under the
last sentence of subdivison 1, the court may require, and with respect
to discovery obtained under subdivision 2, 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. Rule 804.01(2)(d)3
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 804.01(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:
(a) A party is under a duty seasonably to supplement the party's response
with respect to any question directly addressed to all of the following:
(b) A party is under a duty seasonably to amend a prior response
if the party obtains information upon the basis of which 1. the party knows
that the response was incorrect when made, or 2. the party knows that the
response though correct when made is no longer true and the circumstances
are such that a failure to amend the response is in substance a knowing
concealment.
(c) 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 804.01(5)
Depositions
Before Whom Depositions May Be Taken:
Within the United States or within a territory or insular possession subject to the dominion of
the United States, depositions shall be taken before an officer
authorized to administer oaths by the laws of the United States
or of this state 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. 804.03(1)
In a foreign country, depositions may be taken (a) 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 (b) 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, or (c) pursuant to a letter rogatory. A commission
or a letter rogatory shall be issued on motion and notice and on terms
that are just and appropriate. It is not requisite to the issuance
of a commission or a letter rogatory that the taking of the deposition
in any other manner is impracticable or inconvenient; and both a commission
and a letter rogatory 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 rogatory may be addressed "To the
Appropriate Authority in (here name the country)". Evidence obtained in
response to a letter rogatory need not be excluded merely for the reason
that it is not a verbatim transcript or that the testimony was not taken
under oath or for any similar departure from the requirements for depositions
taken within the United States under this chapter. Rule 804.03(2)
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 this chapter for other methods of discovery.
Rule 804.04
Interrogatories
(a) Except as provided in section 804.015, any party may serve upon
any other party written interrogatories to be answered by the
party served, or, if the party served is a public or private corporation
or a limited liability company or a partnership or an association
or a governmental agency or a state officer in an action arising
out of the officer's performance of employment, by any officer or agent,
who shall furnish such information as is available to the party.
Interrogatories 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.
(b) 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.
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 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. The court may allow a shorter or
longer time. The party submitting the interrogatories may move for
an order under section 804.12 (1) with respect to any objection to or other
failure to answer an interrogatory.
Rule 804.08
Production
(1) Any party may serve on any other party a request (a) to produce
and permit the party making the request, or someone acting on the party'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 section 804.01(2)
and which are in the possession, custody or control of the party upon
whom the request is served; or (b) 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 therein, within the scope of
section 804.01 (2). Rule 804.09(1)
(2) Except as provided in section 804.015, 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 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. The court may allow a shorter or longer time. 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. The party submitting the request may move for an order
under section 804.12 (1) 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. Rule 804.09(2)
Physical and Mental Examinations of Persons
(1) When the mental or physical condition, including the blood group or
the ability to pursue a vocation, of a party is in issue, the court in
which the action is pending may order the party to submit to a physical,
mental or vocational examination. The order may be made on motion
for cause shown and upon notice 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 804.10(1)
(2) In any action brought to recover damages for personal injuries,
the court shall also order the claimant, upon such terms as are
just, to give to the other party or any physician named in the order, within
a specified time, consent and the right to inspect any X-ray photograph taken
in the course of the diagnosis or treatment of the claimant. The court
shall also order the claimant to give consent and the right to inspect and
copy any hospital, medical or other records and reports that are
within the scope of discovery under section 804.01(2). Rule 804.10(2)
(3)(a) No evidence obtained by an adverse party by a court-ordered
examination under subdivision (1) or inspection under subdivision (2) shall
be admitted upon the trial by reference or otherwise unless true copies
of all reports prepared pursuant to such examination or inspection and
received by such adverse party have been delivered to the other party or
attorney not later than 10 days after the reports are received by the adverse
party. The party claiming damages shall deliver to the adverse party,
in return for copies of reports based on court-ordered examination or inspection,
a true copy of all reports of each person who has examined or treated the
claimant with respect to the injuries for which damages are claimed. Rule
804.10(3)(a)
(3)(b) This subsection applies to examinations made by agreement
of the parties, unless the agreement expressly provides otherwise.
This subsection does not preclude discovery of a report of an
examining physician or the taking of a deposition of the physician in accordance
with any other statute. Rule 804.10(3)(b)
(4) Upon receipt of written authorization and consent signed by
a person who has been the subject of medical care or treatment,
or in case of the death of such person, signed by the personal representative or
by the beneficiary of an insurance policy on the person's life, the physician
or other person having custody of any medical or hospital records or reports
concerning such care or treatment, shall forthwith permit the person designated
in such authorization to inspect and copy such records and reports.
Any person having custody of such records and reports who unreasonably refuses
to comply with such authorization shall be liable to the party seeking
the records or reports for the reasonable and necessary costs of enforcing
the party's right to discover. Rule 804.10(4)
Requests for Admissions
(a) Except as provided in section 804.015, 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 s. 804.01 (2) 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.
(b) 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 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 the 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 he or she had 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 s. 804.12 (3) deny the matter or
set forth reasons why the party cannot admit or deny it.
(c) The party who has requested the admissions may move to
determine the sufficiency of 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 this section, 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. Section 804.12 (1) (c) applies to
the award of expenses incurred in relation to the motion. Rule 804.11
Compel Discovery
Except as provided in section 804.015, 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 section
804.01(2) 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 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 the 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 he or she had
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 section 804.12 (3) deny the matter or set forth reasons why the party
cannot admit or deny it.
The party who has requested the admissions may move to determine
the sufficiency of 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 this section,
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. Section 804.12 (1) (c) applies to the
award of expenses incurred in relation to the motion. Rule 804.12
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.
