PRETRIAL PROCEDURE AND DISCOVERY

Question 1

Interrogatories served on nonparty witness Rule

Answer 1

Interrogatories may only be served on a party to a lawsuit; they may not be used on nonparty witnesses.

A party may serve no more than 25 written interrogatories on any other party.

Interrogatories may be served only on parties and not on nonparty witnesses, even if the witnesses are likely to testify at trial.

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

Question 2

Rule for Pre-trial Disclosures

Answer 2

Under Rule 26(a)(3)(B), pretrial disclosures must be made at least 30 days before trial.

Pretrial disclosures include the name and, if not previously provided, the address and telephone number of each witness, separately identifying those a party expects to present and those it may call if the need arises.