Shortly after a civil lawsuit begins, the parties (the “plaintiff,” who is suing, and the “defendant,” who is being sued) exchange information about the case in a process called “discovery.” Interrogatories—written questions that must be answered in writing and under oath—are one of several discovery methods. In this article, you’ll learn how interrogatories are used in car accident cases.
The Basics of Discovery
Discovery is the part of a lawsuit where each party gets to learn more about the claims and defenses on which the other parties might rely, together with facts and information relevant to the case. Let’s have a quick look at the discovery rules and the kinds of things that are discoverable.
The Rules of Civil Procedure
Discovery rules are found in written “rules of civil procedure.” Among other things, the rules of civil procedure specify when and how discovery gets conducted.
All states and the federal court system have their own rules of civil procedure, though the rules are fairly consistent throughout the country. (Here’s a version of the 2023 federal rules so you can see what civil procedure rules look like.)
The rules identify what kinds of discovery are allowed and set guidelines for each kind of discovery. If you want to participate in discovery (and you do, if you’re a party to a lawsuit) then you must do so according to the applicable rules of civil procedure.
What Can Be Discovered?
The answer to that question would fill several books. Here are two of the most basic rules. To be discoverable, information:
- must be relevant to the case, and
- can’t be privileged.
Relevant to the Case
Information is relevant if it tends to make a fact that’s significant to the case more or less likely to be true. Here’s a quick example. Suppose that in a car wreck case, the plaintiff claims the defendant negligently failed to look carefully for other traffic. The defendant denies being negligent.
Whether the defendant had their cell phone in the car at the time of the accident would be relevant, because cell phones are a known driving distraction. Whether the defendant sent or received any text messages in the moments leading up to the collision would also be relevant.
What the defendant had for breakfast on the morning of the collision likely isn’t relevant, because it has no tendency to make a significant fact more or less likely to be true.
Not Privileged
As a general rule, information that’s “privileged” is exempt from disclosure and can’t be discovered or used in a trial. For example, every state recognizes the attorney-client privilege, which bars the discovery of conversations between an attorney and client if those conversations relate to the subject matter of the representation.
Suppose that in a car wreck case, an interrogatory asks for information concerning all conversations the defendant had with others about the accident. If the defendant has an attorney—which is quite likely, especially if the defendant has auto insurance—then it’s a virtual certainty that the defendant has spoken to their attorney about the collision.
As a result, the interrogatory would be improper (in legal terms, it’s “objectionable”). It asks for information concerning “all conversations,” which would include privileged conversations between attorney and client. (For a sense of how a party might respond to this kind of request, take a look at number 14 in the sample interrogatories below.)
Interrogatories: What They Are and How They Are Used
Interrogatories are individually numbered requests for information, often phrased as questions (though there’s no rule mandating they be in question form). In general, interrogatories ask about:
- claims the plaintiff is making
- defenses the defendant might use against the plaintiff’s claims
- the parties to the case, as well as others with some connection to the case, like treating doctors and witnesses, and
- the facts of the case—what happened, and when, where, and how it happened.
Timing of Interrogatories
In most cases, interrogatories are one of the first kinds of discovery the parties will exchange. Interrogatories are most useful for gathering general and background information about the case. They also help to identify subjects where additional discovery might be necessary. For these reasons, interrogatories are sent early on in a case.
Interrogatories vs. Depositions
Because interrogatories are written, they lack spontaneity and aren’t well suited to situations where in-depth probing is required. Conversations with witnesses are an example. Interrogatories are good at gathering some basic information about conversations: Whom a party spoke to, when and where they spoke, and the general subject matter about which they spoke.
But if you want in-depth information, like the specifics of a conversation and who said what, that’s information better left for discovery in depositions. Unlike an interrogatory, a deposition involves verbal questioning of a party or a witness. The person being deposed testifies under oath, and a court reporter makes a written record (called a “transcript”) of all questions and answers. Because depositions are “live,” it’s easier to follow up answers with more questions to get more detailed information.
How Many Interrogatories Can You Send?
Parties only get to send a limited number of interrogatories, as specified in the rules of civil procedure. In federal court, for example, the parties are limited to 25 interrogatories per opposing party. So if the plaintiff sues two defendants, the plaintiff is allowed to send each defendant 25 interrogatories. And each defendant can send the plaintiff 25 interrogatories.
A few additional points about the number of interrogatories. First, the parties can agree to more interrogatories. That’s common—especially in complicated cases. Second, the court can also allow a party to send more interrogatories. Finally, subparts of an interrogatory (for example, 5.a., 5.b., 5.c., and 5.d.) are treated as separate interrogatories. (See, for example, Fed. R. Civ. Proc. 33(a)(1) (2023).).
How to Answer Interrogatories
We’ll talk more below about how an attorney can help you with your case. For now, note that an experienced car accident lawyer will know how to draft and answer interrogatories to maximize your chances of success.
If you decide to handle interrogatories on your own, here are some best practices for answering them.
As a rule, each interrogatory must be answered separately, in writing, and under oath. Answers should be truthful and responsive, as well as complete and accurate. Answer only the questions asked, and don’t volunteer information.
If you don’t know the answer to a question, don’t speculate or guess. “I don’t know” or “I don’t have information to answer this question” are acceptable answers if they’re truthful and accurate.
Lastly, keep in mind that your answers are under oath. While the court will tolerate an occasional honest mistake, lying under oath is another matter. Lying can subject you to penalties for perjury and can destroy your credibility with both the court and your opponent.
Be Sure You Answer by the Deadline
The rules of civil procedure set a deadline for answering interrogatories. Thirty days is typical, but make sure you check your state’s rules. The court can extend the answer deadline. The parties can agree to a longer time, too, within limits the court sets.
What If an Interrogatory Asks for Improper Information?
Sometimes an interrogatory will ask for improper information, like something that’s irrelevant or protected by a privilege. When that happens, you can’t simply ignore the question and refuse to answer.
The correct procedure is to “object” to the question, state the reason you’re objecting, and then answer to the extent you can without disclosing objectionable information. (For an example, see our sample interrogatory and answer number 14, below.)
Note that if an interrogatory asks for improper information and you fail to object, the court might treat your objection as “waived,” or surrendered. If that happens, you’ll probably have to answer the interrogatory even though it asks for information that’s outside the scope of discovery.
Sample Car Accident Interrogatories and Answers
These sample car accident interrogatories can give you an idea of how one party might frame their queries and how the other might respond.
1. List each address where you have lived during the past 10 years. For each address, include the dates you lived there.ANSWER: I have lived at:
- 109 Pleasant Street, Anytown, FL 35315 from October 2013 to the present, and
- 125 E. High Street, Unit 6, Bigtown, FL 35313 from February 2013 to October 2013.
ANSWER: I am married to Mary Roe, who lives at 109 Pleasant Street, Anytown, FL 35315, and her phone number is (222) 444-1111. I have never been married to anyone else.
3. Do you have any children by birth or adoption? If so, provide the name, date of birth, last known address, and last known phone number of each child.ANSWER: I have two children by birth:
- James Roe, born May 12, 2006, lives at 109 Pleasant Street, Anytown, FL 35315, and his phone number is (222) 444-6666, and
- Jeffrey Roe, born October 6, 2011, lives at 109 Pleasant Street, Anytown, FL 35315, and he has no phone.
ANSWER: These people have lived with me during the past 10 years:
- Mary Roe, born January 11, 1981, my spouse
- James Roe, born May 12, 2006, my son, and
- Jeffrey Roe, born October 6, 2011, my son.
ANSWER: I have never pled guilty or no contest to, or been convicted of, a felony or misdemeanor.
6. Within the past 10 years, have you been cited for any traffic or motor vehicle moving violation? If so, identify each citation, when you received it, the charging jurisdiction, and the disposition of each citation.ANSWER: I have not, within the past 10 years, been cited for any traffic or motor vehicle moving violation.
7. Are you required to wear glasses or contact lenses while driving a motor vehicle? If so, were you wearing them at the time of the accident?ANSWER: I am required to wear glasses or contact lenses while driving a motor vehicle. I was wearing my prescribed contact lenses at the time of the accident.
8. For each high school, trade school, junior college, college, or university you have attended, provide the dates you attended, and if you completed a course of study or graduated, identify any diploma, certificate, degree, or other credential you received.ANSWER: I attended:
- East Bigtown High School from August 1993 to May 1997. I graduated with a high school diploma.
- Northeast Florida State University from September 1999 to May 2003. I graduated with a bachelor of science degree in accounting.
ANSWER: During the past 10 years I have worked at Smith, Jones, and Other, C.P.A.s, 9900 S. Main Street, Bigtown, FL 35320. My immediate supervisor is Karen Smith. I am a certified public accountant and my duties include accounting, financial statement and tax return preparation, and providing financial and accounting advice to clients of the firm.
10. Within the past 10 years have you been involved as a driver in any motor vehicle accident other than the accident which is the subject of this suit? If so, for each accident, state when and where (street, city, and state) it happened, how it happened, and the name, last known address, and last known phone number of any other driver or other person who was involved or who claimed to have been injured.ANSWER: I have not been involved as a driver in any motor vehicle accident other than the accident which is the subject of this suit within the past 10 years.
11. Identify by name, last known address, last known phone number, and relationship to you each passenger in your motor vehicle at the time of the accident.ANSWER: Jeffrey Roe, address listed above, no phone, my son, was the only passenger in my motor vehicle at the time of the accident.
12. Where were you driving from and driving to at the time of the accident?ANSWER: I was driving from our home to Jeffrey’s pediatrician’s office.
13. Identify by name and, if known to you, by last known address and last known phone number, each person who witnessed or claims to have witnessed the accident.ANSWER: The persons who, to my knowledge, claim to have witnessed the accident, include:
- Jeffrey Roe, 109 Pleasant Street, Anytown, FL 35315, no phone number, and
- Karen Doe, 118 Evergreen Street, Bigtown, FL 35322, 222-555-7777.
OBJECTION: I object to this interrogatory because it asks for information protected by the attorney-client privilege.
ANSWER: Without waiving my objection, I have spoken to:
- Mary Roe, who lives at 109 Pleasant Street, Anytown, FL 35315, and her phone number is (222) 444-1111
- James Roe, who lives at 109 Pleasant Street, Anytown, FL 35315, and his phone number is (222) 444-6666
- Jeffrey Roe, who lives at 109 Pleasant Street, Anytown, FL 35315, and he has no phone, and
- Patrick Poe, Bigtown Police Department, 456 Opolis Street, Bigtown, FL 35324, (222) 444-8888.
ANSWER: I did not drink any alcoholic beverages within the 24-hour period prior to the accident.
These sample interrogatories aren’t a complete set. Each party would have more questions. Here are some additional topics the defendant would cover with the plaintiff in a car accident case:
- the plaintiff’s complete medical history for the past 10 years (or more)
- all injuries, physical and emotional, the plaintiff claims to have suffered in the accident
- information for all healthcare providers who treated the plaintiff, including the injuries or conditions each provider treated and the treatments they provided
- all future medical care the plaintiff expects to receive
- all expert witnesses the plaintiff intends to have testify at trial
- what income the plaintiff claims to have lost, along with any income the plaintiff expects to lose in the future, and
- the plaintiff’s past and future medical bills, other out-of-pocket expenses, and other damages.
Should You Hire a Lawyer?
If your case doesn’t settle and you’re thinking about filing a lawsuit in court, yes, you probably should. The rules of civil procedure cover far more than just discovery. They control, among other things, what documents must be filed to begin a lawsuit (called “pleadings”), as well as the documents parties must use to communicate with the court and ask the court to do things (called “motions”). These rules are technical and complex.
And the rules of civil procedure aren’t the only rules you’ll be required to follow. There are lots of traps that can trip you up in a lawsuit, including during discovery when you send and answer interrogatories. The information you disclose and collect during discovery can do much to make or break your case. And you probably won’t get any do-overs if you make mistakes.
Consider hiring experienced legal counsel to help you file your lawsuit and navigate your way through discovery.