A Few Words About Asking Interrogatories
Every case I litigate has its own peculiarities. The fact behind the claims for two Plaintiffs who were injured as passengers in the same car accident are different. For instance, their histories, injuries, and effects of those injuries on their life are different . This is important when forming Interrogatory Questions (as well as responding to them.)
This does not mean that we must reinvent the wheel for every case we litigate. We can often start with a general framework of questions and tailor them to inquire into the specific peculiarities of the case. I have two standard sets of Interrogatories to be served on the Defendants in automobile accident cases: one consists of 10 Interrogatories and is used in Arbitration cases where we are typically allowed 10 Interrogatories; the other, consisting of 27 Interrogatories, is used in cases that are exempted out of the Arbitration Program.
Many of these questions can be left untouched for any case, such as my Interrogatory seeking fact about an auto accident itself which reads:
Describe in proper sequence the movements and speed and time involved in the operation of your vehicle for the last three (3) minutes immediately preceding the collision described herein. The Answer to this Interrogatory should include, but not be limited to what street, road, parking aisle, etc. you were in; the direction of travel; your relationship to the Plaintiff’s vehicle or other vehicles involved in the accident; your speed, any posted speed limit and the speed safe for the conditions; where you were looking during this time period and whether your attention was diverted from your direction of travel; whether or not you applied your brakes and, if so, did your vehicle slow as a result; and what, if any, attempts were made by you to avoid the accident.
This Interrogatory is much lengthier than it need be. It originally, consisted solely of the first sentence. However, I expanded it to include the lengthy explanation of what the description of the last few minutes up to and including the accident should include as the result of numerous Defense Attorneys objecting to the first sentence being “vague and ambiguous”. Now, of course, Defense Attorneys attempt to state that the explanatory language is made up of several Interrogatories. Just another proof that lawyers and gamesmanship often go hand in hand.
If the auto accident I am dealing with involves a Defendant that was under the influence, I would make sure to ask about any use of alcohol or drugs shortly before the accident in my Interrogatories. I may even request an Arbitrator for a few additional Interrogatories if I felt it necessary to cover additional topics than those covered by my standard set.
California has developed a set of Form Interrogatories that can be used by simply checking those that apply. Such a set has the advantage of having been approved by the Court and, therefore, not easily objected to. However, they may lack some flexibility when it comes to specifics of a certain case. In some case, it is helpful to have a starting set of Interrogatories such as those provided in a multitude of books and websites provided standard questions. The same holds true of using Interrogatories from the multitude of forms books available for use by attorneys or parties. They serve as a good starting point, but should be reviewed and modified to fit the specific facts and circumstances of each case.
