Discovery responses sample

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Discovery responses sample

In most personal injury cases, interrogatories that get passed back and forth between the parties provide little information that can be used at a deposition or trial because of ridiculous objections and incomplete answers. If you want to win your case at trial and you want to put real pressure on the defendant, you have to press for real answers. As plaintiffs' lawyers, we have to hold the defendant's feet to the fire or you are going to have a jury trial by ambush.

Below is a sample letter before a motion to compel is filed demanding more complete answers. These raise several issues that I must bring to your attention. I do not believe that the responses I have received represent a good faith effort to provide discovery. Eleven of the seventeen responses I have received are subject to some sort of objection. This appears to be an exercise in legal gamesmanship rather than the real, good faith effort to provide discovery that is contemplated by the Maryland Rules.

I'd like to lay our my concerns in hopes that you will modify your answers without the need to involve the court. Rule c requires that the grounds for any refusal to produce must be fully stated in response to each specific request. If you believe that any of these individual requests are objectionable, please make your objections as required by the rule.

discovery responses sample

The way you have made these general objections makes it impossible for me to tell which requests you think these objections apply to or why you think they are objectionable and I do not believe the Rules require me to guess. You have objected to Request No. You have not indicated whether any materials like this exist. Are there any documents like these? If there are, which ones do you contend are proprietary and confidential and why?

You must at least tell me if any responsive materials exist, so that I may seek the assistance of the Court in resolving your objection. Rule f governs the production of statements given by parties or witnesses, not the scope of expert discovery.

Even if you meant to refer to Md. The rest of the response says that defendant cannot respond because it has not yet selected experts.By Jay Young, Mediator and Arbitrator.

Objecting to discovery is a necessary thing at times. As long as one is purposeful in approach, objections can assist your case.

How to Make Good Objections to Written Discovery

Take the wrong approach, or simply copy these objections without much thought, and you may find yourself sanctioned. Consider the counsel given in this ABA article by Andrew Fesler before drafting your discovery responses:.

At any discovery conference, you want to sound like the most thoughtful and reasonable lawyer in the room. Start early. Build your discovery objections with the same care that you build your case in chief.

For a review of what Nevada federal judges have to say about discovery under the proportionality standard, see this article:. The burden is on the party resisting discovery to clarify and explain precisely why its objections are proper given the broad and liberal discovery rules. Koe, M. Lexis D. DegnanF. Harris Corp. Abbott LabsF. Viable Mktg. Lakewood Condo. Aztec Steel Bldg.

The requests must be relevant and cannot be unreasonably cumulative, duplicative, or unnecessarily burdensome in light of their benefit. SandersU. Objecting party must specifically detail the reasons why each request is irrelevant. Painters Joint Comm. Wallco, Inc. KXD Tech. Broad and Remote —The question is overly broad and remote and, as such, is not calculated to lead to the discovery of information relevant to the subject matter of this action, nor to the discovery of admissible evidence.

Discovery is sufficiently limited and specific in its directive where compliance to its terms would not be unreasonably burdensome.Skip to content. A common task in a young litigator's career is drafting written discovery requests. Before discovery requests are propounded, you should understand the rules of the jurisdiction and the court as to the number and scope of discovery requests that are permissible.

As you craft written discovery, you should have already made efforts to investigate the case with your client. This critical step will give you an advantage on the types of information and documents that the other side might have available and will assist you in crafting discovery requests that take direct aim at gathering these materials.

Interrogatories When propounding interrogatories that will garner the correct and expected information, the requests should be as clear and concise as possible, and define ambiguous terms in the interrogatory or in a centralized place in the document.

discovery responses sample

Wherever possible, use uniform interrogatories that have already been pre-approved by the jurisdiction you are in, which gives your adversary little room to object to supplying complete and responsive answers.

Document Requests Again, the key to ensuring that your requests garner the right documents is to make sure that the requests are as clear and concise as possible. Do not limit requests to certain types of materials if it is possible that the requested information could be found in other types of materials. In this circumstance, consider all possible mediums on which the requested information might be available and specifically request the information in all possible formats, including electronically stored information.

discovery responses sample

For instance, if you are looking to obtain statements made by eyewitnesses to an accident, it is best to request copies of documents, video recordings, and audio recordings. In this scenario, if only documents are requested, and your adversary has a tape-recorded statement that he wishes to hide, he will succeed in doing so if the request is not worded or defined properly. Requests for Admissions Requests for admissions are a helpful discovery device that in most jurisdictions can be propounded until the time of trial.

These requests can help streamline the issues in the case, which may allow the attorney to spend his or her time discovering issues that are more complicated and important to the case. To garner responses that are usable at trial, propound requests that certain facts be admitted, instead of asking the other side to admit legal conclusions. When the requests are tailored to the facts of the case, courts are more likely to compel the other side to respond and are less likely to sustain your adversary's invalid objections.

Dealing with Objections When the other side objects to supplying information and documents in response to key discovery requests, motion practice is almost certain to ensue.

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Thus, plan each next step with an eye toward motion practice, and with the general assumption that any communications you have with your adversary—and particularly where you are dealing with a difficult adversary— will be presented to the court. When dealing with an adversary that is difficult to reason with or trust over the phone, it is best to prepare a letter that specifically outlines which discovery responses you believe are deficient and do not contain valid objections.

Check with the court as to whether a motion may be filed or whether the court prefers that the discovery dispute be dealt with through a letter or a request for case-management conference. On the other hand, motions to strike pleadings should be considered in circumstances where the opposing party has failed to respond to discovery completely or has objected to so many requests that the party has effectively failed to respond to discovery at all. Consult the rules of the jurisdiction to determine whether an order compelling discovery is required before pleadings can be stricken.

All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

The views expressed in this article are those of the author s and do not necessarily reflect the positions or policies of the American Bar Association, the Section of Litigation, this committee, or the employer s of the author s.

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Close Search Submit Clear.Plaintiff is filing this motion pursuant to Md. Rule b to compel Defendant Starbucks Corporation to answer interrogatories and document requests propounded upon it by Plaintiff. The interrogatories and document requests were served on Defendant on or about March 26, Exhibit 1. Counsel for Defendant did not enter an appearance until August 18, Pursuant to the Maryland Rules, Defendant was required to answer fully those interrogatories and document requests within 30 days of receipt.

On or about January 13,Defendant served upon Plaintiff answers that are incomplete, evasive, replete with baseless objections, and which otherwise fail to comply with the Maryland Rules. This is a transparent attempt at gamesmanship rather than the good faith effort to provide discovery contemplated by the Maryland Rules. Those efforts are described within the attached Md. Rule Certification. Discovery is scheduled to end on April 25,and trial of this case is set to begin on July 5, Exhibit 2.

It is essential that Defendant complete the answers to the following interrogatories and document requests so that Plaintiff can conduct additional discovery and prepare for trial in a timely manner. Plaintiff also requests that the discovery deadline and trial be continued to allow for completion of discovery. Rule b requires that the reason for any refusal to answer an interrogatory be set forth in the answer to the interrogatory. This makes it impossible for Plaintiff to tell which individual answers these objections apply to or why, and makes it impossible to rely upon any individual answer for evidentiary purposes.

Rule bby making specific objections that are set forth in the response to each of the interrogatories that Defendant finds objectionable. Interrogatory No. Defendant objects to the provision of personal information about any current employees of Starbucks.

Subject to and without waiving any objections, the following individuals were working in the store at the time of the incident and may have knowledge regarding the facts and circumstances surrounding this occurrence:. Defendant further states that the last known contact information for former employees working in the store at the time of the incident that may have knowledge regarding this occurrence:.

How to Run a Sales Discovery Call? (+ Scripts)

This prevents Plaintiff from doing basic investigative tasks, such as determining whether these potential witnesses have impeachable criminal convictions.Excerpted from Model Interrogatories.

The section includes questions dealing with physical pain and suffering as well as mental or emotional harm. It includes questions on various activities, sports, or hobbies which have been impacted by the claimed injuries. As with the other contention interrogatories set forth in this book, these questions require a statement of all pertinent facts, an identification of all persons who possess knowledge relating to of these facts, and specific data which may be used to evaluate the claim.

Defendants will ordinarily include these basic fact interrogatories in their opening interrogatory set. If your answer to interrogatory number 1 was yes, please set forth the nature of the physical pain. If your answer to interrogatory number 1 was yes, please set forth the date that YOU first experienced the physical pain. If your answer to interrogatory number 1 was yes, please set forth the amount of compensation to which YOU claim to be entitled as a result of the physical pain. Please set forth the method by which YOU calculated the amount to which YOU claim to be entitled as a result of the physical pain.

If your answer to interrogatory number 8 was yes, please set forth the nature of the disability. If your answer to interrogatory number 8 was yes, please set forth the date that YOU first experienced the disability.

If your answer to interrogatory number 8 was yes, please set forth the amount of compensation to which YOU claim to be entitled as a result of the disability. Please set forth the method by which YOU calculated the amount to which YOU claim to be entitled as a result of the disability.

If your answer to interrogatory number 15 was yes, please set forth the nature of the emotional distress. If your answer to interrogatory number 15 was yes, please set forth the date that YOU first experienced the emotional distress.

If your answer to interrogatory number 15 was yes, please set forth the amount of compensation to which YOU claim to be entitled as a result of the emotional distress. Please set forth the method by which YOU calculated the amount to which YOU claim to be entitled as a result of the emotional distress.

If your answer to interrogatory number 22 was yes, please set forth the nature of the activity, sport, or hobby. If your answer to interrogatory number 22 was yes, please set forth the dates during which the activity, sport, or hobby was discontinued. If your answer to interrogatory number 26 was yes, please set forth the nature of the diminution in your enjoyment of life.

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If your answer to interrogatory number 26 was yes, please set forth the dates during which YOU experienced diminution in your enjoyment of life. If your answer to interrogatory number 26 was yes, please set forth the amount of compensation to which YOU claim to be entitled as a result of the diminution in enjoyment of life.

Please set forth the method by which YOU calculated the amount to which YOU claim to be entitled as a result of the diminution in your enjoyment of life. This section includes questions dealing with physical pain and suffering as well as mental or emotional harm. It includes questions regarding the various activities, sports or hobbies that may have been impacted by the claimed injuries.

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As with the other contention interrogatories set forth in this book, these questions require a statement of all pertinent facts, an identification of all persons who possess knowledge relating to such facts, and other specific data which may be used to evaluate the claim.

This section includes questions dealing with physical pain and suffering as well as mental or emotional harm, impairment of day to day activities and other matters pertaining to general damages.Skip to content.

Sample Answers to Interrogatories

Judges have been saying it for years, and their tolerance for deaf ears is ebbing: Throw away the boilerplate. But if you make scant effort to explain why you are right, you might as well not object at all. The Southern District of New York again illustrates the point. In Fischer v. Forrest14 Civ. In its responses, the defendant asserted boilerplate objections. Why is it burdensome? How is it overly broad?

This language tells the Court nothing. The court ordered the defendant to conform its responses and objections to the requirements of Rule At the same time, the court pointed out that the rules and decisions requiring specificity have been published for years. Rule 33 Interrogatories to Parties also requires specificity when making objections. Whether you are responding to interrogatories or document requests, take a few tips from Fischer v.

Forrest :. At any discovery conference, you want to sound like the most thoughtful and reasonable lawyer in the room. Start early. Build your discovery objections with the same care that you build your case in chief. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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The views expressed in this article are those of the author s and do not necessarily reflect the positions or policies of the American Bar Association, the Section of Litigation, this committee, or the employer s of the author s.

Search ABA. Close Search Submit Clear. Use boilerplate wording from form files. How to present a winning objection: If the request would take an unreasonable amount of time or money to fulfill in relation to the reasonable needs of the case proportionalityrecite specific, persuasive facts that explain why, preferably in an affidavit. If the request is not reasonably related to any claim or defense, and if there is no good reason to go beyond the ordinary scope of discovery under Rule 26 btake the time to explain why in your discovery response.

If you are not producing documents when your responses come due, state when the documents will be produced.Plaintiff contends his injuries are permanent in nature. The Plaintiff generally has limited endurance, difficulty sleeping, and emotional distress. Ankle: problems with walking, standing, and ankle swelling, difficulty with balance, arthritic changes have set in and are accelerated, at night Plaintiff has cramps and spasms. Jaw: ongoing pain, numbness, difficulty chewing, and occasional choking, difficulty with speech.

Sample 'Your Answers Are Awful' Discovery Letter

Head: Headaches, vision issues, memory lapse, difficulty concentrating. Plaintiff claims these costs in economic damages and reserves the right to supplement this response as discovery is ongoing, his treatment is ongoing, and Plaintiff is not in possession of all the medical records and bills.

discovery responses sample

Additionally, plaintiff claims pain and suffering in the past as well as pain and suffering in the future, past medical bills, future medical bills, future loss of earning capacity, and past lost wages. Plaintiff may require a future ankle fusion. If so, describe the date and circumstances of the accidental injury and identify all healthcare providers, including hospitals and other institutions, that furnished care to you. Furthermore, the probative value is outweighed by the prejudicial effect; however, without waiving said objections; Plaintiff had a boating accident in or around where he suffered a broken left wrist.

However, Plaintiff anticipates an expert to be hired by the defense to say that he had degenerative conditions that pre-existed the accident.

In anticipation of this defense, Plaintiff reserves the right to argue that any pre-existing condition that he may have had before the accident was aggravated by the accident with the Defendant and that the pre-existing condition made him more susceptible to injury.

Any pre-existing condition that the Plaintiff may have had before the date of the accident was asymptomatic. If you did not file any federal income tax returns during this period explain why. Attach hereto a copy of all signed statements made by the party propounding these Interrogatories. However, without waiving said objection, Plaintiff is not aware of any such statements other than the incident report completed by David Holtman, Sr. Plaintiff reserves the right to supplement this Answer as discovery continues and additional information is made available.

However, without waiving said objection, Plaintiff will rely on any documents exchanged during the course of discovery. However, without waiving said objections, Plaintiff has not been convicted of any such crime.

If so, state the date, the subject matter, the name and business address of the person recording said testimony, and the name and address of the person who has present possession of each such transcript of testimony.

Furthermore, the probative value is outweighed by the prejudicial effect; however, without answers to previous interrogatories. Discovery is ongoing and this Answer may be supplemented.

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The individuals identified in these Answer to Interrogatories are identified by the nature of their relationship to Plaintiff. Plaintiff has not been provided with any documentation as to the set cart. Discovery is ongoing and this Answer will be supplemented.

Laura G. I do solemnly declare and affirm under the penalties of perjury that the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief. Learn More. Home Our Team Ronald V. Miller Jr. Zois Rodney M. Gaston Justin P. Zuber Lisa A. Search Search Search. Plaintiff Attorney Legal Information Center.

Example Pretrial Documents for Plaintiff's Lawyers. Sample Discovery. Defendants' Interrogatories. Sample Answers to Interrogatories.


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