Exam 11: Interrogatories

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Interrogatories are the only form of discovery that may be used to obtain information about what matters or subjects in many state courts?

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Interrogatories are the only practical means of obtaining clarification of an opponent's legal theory. In most state courts interrogatories are the only means for obtaining information about expert witnesses whom an opposing party expects to have testify at trial. The new federal rules require disclo- sure of experts' reports and allow experts' depositions to be taken. Rule
26(b)(4).

How may the deponent try to obtain additional time in which to answer a set of interrogatories?

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The deponent may ask the opposing party for an extension of time. If the time for answering has not yet expired, a deponent may move the court ex parte for an extension of time. If the time for answering has expired, the deponent must move the court for an order extending the time, and the motion must be served upon all parties.

What is the customary procedure for obtaining a court ordered extension of time to respond to interrogatories?

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The customary procedure for obtaining a court ordered extension of time is for the parties to enter a stipulation in writing that sets forth a reasonable extension and the reasons why the extension is necessary.

What advantages are there in using interrogatories rather than taking the deponent's deposition?

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Interrogatories are particularly valuable for obtaining what kind of information?

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Can an interrogatory impose a duty upon a deponent to obtain information he or she does not know or have?

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How many sets of interrogatories may any one party serve upon another party?

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DEFINE -party's work product

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The answers to interrogatories may be used at trial in a of the deponent.

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May a party refuse to answer interrogatories on the grounds that the other party is late in answering interrogatories?

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When must answers to interrogatories be supplemented?

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Generally, consultation with an expert who is not selected to testify is consid- ered part of the attorney's , and, therefore, not discoverable.

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What is one of the important differences between Rule 33 answers to inter- rogatories and Rule 36 responses to requests for admissions?

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Under what circumstances may interrogatories be served upon a nonparty?

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The content of the answers to interrogatories must be based upon the infor- mation available to the:

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What may a deponent do if a proponent serves an interrogatory about the contents of various business records and the deponent believes the amount of time and effort required to examine the records to obtain the information is very substantial and unreasonably burdensome?

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May a party inform the jury that the opponent was subject to Rule 37 sanctions for abusing discovery procedures?

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What should the deponent do if he or she believes that the proponent's inter- rogatories are excessively burdensome or constitute harassment?

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If a deponent does not have actual personal knowledge of a matter addressed in an interrogatory, the deponent may answer the interrogatory by qualifying his or her answer by stating the answer is provided upon and .

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State three guidelines for drafting interrogatories.

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