Discovery tools

Question 1

Interrogatories

Answer 1

Interrogatories are only available for party witnessses, and a party may serve no more than 25 written interrogatories on any other party.

In the absence of a court order or an agreement by the parties, the responding party must serve its answers and any objections within 30 days after being served with the interrogatories.

A party may not serve interrogatories until after the parties have held a Rule 26(f) discovery conference.

Question 2

Interrogatories: scope

Answer 2

The scope of written interrogatories must be limited to non-privileged matters relevant and proportional to any party’s claim or defense.

Question 3

Depositions

Answer 3

Oral depositions are available for nonparty witnesses.

Unless the parties agree to the deposition, leave of the court must be obtained to:

(i) exceed the 10-deposition limitation;
(ii) depose a witness a second time; or
(iii) depose a person before the deposing party has complied with its initial disclosure requirements under Rule 26(a).

Question 4

Depositions: scope of use

Answer 4

Depositions may be used by a party to impeach the testimony of the deponent as a witness or for any other purpose permitted by the FRE. FRCP 32(a)(2).

Question 5

Physical examinations

Answer 5

Physical examinations are only available for party witnesses. They can only be ordered for “good cause.”

If the plaintiff has placed her physical condition into controversy by claiming personal injury damages, “good cause” exists for the court to order a physical examination.

Question 6

Requests for admissions

Answer 6

Requests for admissions are only available for party witnesses.

A matter admitted is conclusively established, but only in the pending action; it cannot be used against the party in any other proceeding.

Question 7

Requests for admissions: default

Answer 7

Under Rule 36, a matter will be admitted unless, within 30 days after being served, the party to whom the request is directed:

(1) serves on the requesting party a written answer or objection
(2) addressed to the matter and
(3) signed by the party or her attorney.

Question 8

Subpoena duces tecum

Answer 8

Nonparties may be compelled to produce documents pursuant to a subpoena.