Published by Ben Beveridge | December 10, 2023 | Firm News
Understanding Interrogatories
In the complex realm of legal proceedings, the discovery process plays a pivotal role in unraveling the facts of a case. One crucial component of discovery is the use of interrogatories. But what exactly are interrogatories?
What are Interrogatories?
Interrogatories are a set of written questions posed by one party to another involved in a legal dispute. These questions serve as a mechanism for extracting information relevant to the case. Unlike courtroom testimony, answers to interrogatories are provided in writing, sworn under oath through a Verification. The Verification asserts the truth and accuracy of the responses based on the answering party’s personal knowledge.
Purpose of Interrogatories
The primary purpose of interrogatories is to streamline the discovery process in a straightforward and cost-effective manner. By posing specific questions, litigants aim to uncover crucial facts, legal contentions, and the factual bases for claims or defenses. In a divorce case, for instance, interrogatories may focus on creating lists, such as assets owned or details about vehicles.
Digging Deeper into Texas Interrogatories
How Many Interrogatories Can You Request?
In most Texas family law cases, a party is typically allowed to request answers to 25 interrogatories. Any additional requests beyond this limit do not compel responses. If faced with an excess of interrogatories, the responding party is advised to object to the surplus questions.
Objecting to Interrogatories
A responding party can raise valid objections or claim privilege when faced with certain interrogatories. Common objections include relevance, questions being overly burdensome, or requests for privileged information. These objections help maintain the integrity of the discovery process.
Relevance in Interrogatories
For an interrogatory to be valid, it must be relevant to the case at hand. A litigant cannot request information that is unrelated to the ongoing legal proceedings. For instance, in a divorce case, seeking details about the medical providers of a party’s parent may be deemed irrelevant.
Overly Burdensome Interrogatories
An interrogatory becomes overly burdensome when it demands an excessive amount of detailed information, verging on irrelevancy. For instance, asking for every Zelle transaction over the past decade might be considered overly burdensome due to the extensive research required.
Handling Privileged Information
Sensitive information, especially concerning health, falls under privileged information. An interrogatory requesting such information can be rightfully objected to. This protection is crucial, especially given privacy regulations like HIPAA.
Using Interrogatories in Court
Answers provided through interrogatories hold weight in a Texas court. Sworn to be true and accurate, these responses can become valuable tools during trial. If a party contradicts their interrogatory responses during testimony, it can be used to challenge their credibility.
Conclusion: Navigating the Legal Landscape with Interrogatories
In the intricate dance of legal proceedings, interrogatories emerge as a vital tool for unraveling the facts that underpin a case. Whether delving into divorce matters or navigating family law intricacies, understanding the nuances of interrogatories is essential. In Texas, the rules outlined in Rule 197 guide the proper use and response to interrogatories, ensuring a fair and transparent discovery process.
