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Interrogatories Explained:
What are Interrogatories?

Phil Santa Maria

Years ago, litigation was more of a game.

The object of the litigation game was to withhold critical information until the trial and then reveal the information at the best time to destroy your opponent’s case.

Today, things are different.

Now, the emphasis is on full and free pre-trial “discovery.” As the name implies, discovery is how each side learns – discovers – what evidence the other side has.

Interrogatories are one very common form of discovery.

Under Maryland law, parties can send interrogatories – written questions – to the other party seeking information about issues in the case.

You can expect that your opponent’s lawyer will send interrogatories for you to answer after your case is filed in court.

Usually, interrogatories are served on me, as your lawyer, but you will have to participate in answering them.

After I send the interrogatories to you, you will have to draft complete and specific answers to the interrogatories and send your draft answers back to me.

Then, I will use the information that you provided, other information that I have developed during the case, and my professional judgment to draft proposed answers to the interrogatories.

Finally, you will have to review, approve and sign the Answers to Interrogatories under oath.

All of this must be completed within time limits established by the rules of procedure. Failure to complete the answers to interrogatories within the required times can result in serious penalties, even including dismissal of you case.

Answering interrogatories carefully and accurately is critical to your case. An incorrect or incomplete answer can have devastating effects on your case, so you must give the answers the time and attention that this fact requires.

What’s the purpose of interrogatories?

Parties send interrogatories not only to discover the details of another party’s case but also to pin down the other party to a version of the facts in the case.

Then, if you testify in court inconsistently with the answers to interrogatories, you can be confronted with the prior inconsistent interrogatory answer, casting doubt on your competency or credibility.


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