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In this lesson, you will learn what interrogatories and requests for admissions cover, and the strategy behind each as a defendant and a plaintiff in the case.
Definitions
- Material — relevant, significant, having a logical connection to the merits of the case
- Protective order — a court order that prevents the discovery of certain information or the interrogation of certain witnesses
- Grounds for objection — reasons for a court to refrain from taking an action requested by the other side
More Definitions
- Affidavit — a written statement made under oath by a witness
- Summary judgment — a decision by a court to end a case when the undisputed facts are so one-sided that no trial is necessary
- Stipulation — an agreement between opposing parties that is presented to the court before a hearing or trial
- Pretrial hearing — a conference between a judge and opposing parties designed to reach an agreement on the scope of matters to be tried
Plaintiff’s strategy at the Discovery stage
- elicits facts supporting elements of the claim
- elicit facts opposing elements of affirmative defenses
- elicit facts opposing elements of any counterclaims
A plaintiff should successfully ensure all of these factors.
Defendant’s strategy at the Discovery stage
- elicit facts opposing the plaintiff’s claims
- elicit facts supporting affirmative defenses
- elicit facts supporting any counterclaims
A defendant should successfully ensure at least one of these factors.
Transcript
Discovery is conducted through written questions called interrogatories.
Requests for admissions, or production of documents, or through oral depositions.
Interrogatories allow parties to ask questions of the other side but the number of questions you can ask is limited, so be selective.
Admissions are statements asking another party to admit to facts by responding with Admit or Deny.
Pro se tip: Be sure to answer each request for admissions. Because if you don\’t, all facts within will be deemed as true. Lawyers often use requests for admissions to pull a fast one on unsuspecting pro se litigants.
A party to a lawsuit is at a great disadvantage if all facts as constructed by the other side are admitted as true.
Use a request for production to obtain tangible items like pictures, letters, and email.
Depositions are witness testimonies under oath.
Litigants rarely use this form of discovery, but it can be very powerful.