Objections to Interrogatories in Personal Injury Law
A Lawyer’s Guide to Deciding Whether to Answer or Object to an Interrogatory in Civil Litigation
Interrogatories are a vital discovery tool used in civil litigation, including workers compensation, tort, and car accident cases. Both plaintiffs and defendants use them to gather information and develop facts to negotiate a favorable settlement or win at trial.
But just because the opposing party serves you with interrogatory requests doesn’t mean you have to answer all the questions. You might have a valid reason for objecting to the interrogatory or limiting your response.
This article discusses the first thing you should do when you receive interrogatories from your opponent – decide what objections are available and proper. You must raise objections to interrogatories within a specific period, or you waive them.
Keep reading to learn more about answering interrogatories and what objections you can use to increase or preserve your case’s value and protect your privacy.
And call me if you have questions about the personal injury or workers comp claims process: (804) 251-1620 or (757) 810-5614. My firm has won hundreds of workers compensation, auto accident, and disability claims, and we’re ready to help you.
Should I Give an Answer or an Objection to the Interrogatory?
You have two options when the other party serves you with interrogatories – answer or object. Analyze both routes and the impact your choice will have on the ultimate goal: winning your case and getting more money for your losses.
There are two reasons to object to an interrogatory.
First, you might have legitimate grounds for objecting to a question. Later in this article, I explain what makes an interrogatory objectionable.
There are some situations, however, where you should answer a question even if it is objectionable. If the answer does not harm your case or might help negotiate a fair settlement, answering is better than spending time and money fighting the request.
Another option is to give a partial answer to any portion of the interrogatory that is not objectionable. You can interpret the question narrowly and respond.
Second, you might want to object to avoid answering a tough question that harms your case. But you should only do this if you have a reasonable basis for the objection and do not think the other party will press the issue.
The other party must force answers to your interrogatories. If it decides not to do so for tactical reasons or because of laziness or inattention, you can avoid producing information or documents that limit your case’s value.
A word of caution: Be careful about hoping the other side will not force you to answer a proper interrogatory. The court may sanction you, assessing a fine and court costs. Or the court may cause you to produce more information than you otherwise would have
How Do I Object to an Interrogatory?
As the party resisting discovery by objecting to an interrogatory, you have the burden to explain why your objections are proper.
To satisfy this burden, you should state your objection with specificity. This means giving specific facts, statutes, or judicial precedent supporting your position.
For example, an objection based on attorney-client privilege or the work product doctrine requires you to describe the nature of the documents or communications you are withholding. In contrast, objecting on the ground that the interrogatory is unduly burdensome may require an affidavit explaining the time and expense necessary to answer.
How Much Time Do I Have to Object to an Interrogatory?
In civil litigation, the general rule is that you must object within the time allowed for providing answers to interrogatories. The specific deadline depends on the procedural rules of the court or agency where you filed an action.
Under the Rules of the Workers Compensation, you must include objections with answers to interrogatories. You have 21 days from the date the other party serves interrogatories to submit objections.
State courts in Virginia follow the same rules. You have 21 days after the service of the interrogatories to object.
In federal court, you have more time to object to interrogatories. Under Rule 33(b)(3) of the Federal Rules of Civil Procedure, a responding party must serve its answers and any objections to interrogatories within 30 days after being served.
What Happens if I Don’t State an Objection?
You waive any objection to written discovery if you fail to state it in time. This means you must answer all the questions asked in interrogatories.
There are, however, exceptions to waiving an objection by missing the deadline. For example, a court has the discretion to ignore a waiver based on an untimely response and refuse to compel an answer if it finds an interrogatory is improper.
Further, you do not waive any objection based on privilege or work product by failing to raise it within the time prescribed by the court’s rules.
Should I Make General Objections to Interrogatories?
No.
General objections are a list of objections that some defense attorneys – especially insurance defense attorneys – like to include with their clients’ answers to interrogatories. You can find the general objections listed before the other party’s responses to specific interrogatories, along with a statement that these objections apply to all answers.
Many courts and Workers Compensation Commissions disfavor boilerplate and general objections. At least one court has stated that such objections are inadequate and no objection at all.
Instead of using general objections, you should instead state particular objections to those interrogatories you find improper.
What are the Most Common Objections to Interrogatories?
There are many grounds to object to interrogatories. Here are the most effective ones:
Irrelevant
In litigation, a party may discover any non-privileged matter relevant to its claim or defense. But it cannot get information that is irrelevant or remote from the subject matter.
The definition of relevance is broad and includes information that might reasonably lead to the discovery of admissible evidence.
If you use this objection, state why the interrogatory is not relevant to the subject matter and explain how answering it could not lead to the discovery of admissible evidence.
Privilege or Work Product Protection
You may object, claiming the privilege for certain trial preparation materials, attorney-client privilege, or any other privilege available by statute or under common law tort principles.
An attorney’s thought processes and mental impressions are usually protected and not discoverable.
If you raise this objection, you must prepare a privilege log and provide it to the other party.
Overbroad
You may object to an interrogatory that is too broad.
An interrogatory is overbroad on its face if it uses the words “all” or “every.” For example, an interrogatory asking for all persons with information relevant to the action, “every” document mentioning your injuries, finances, or accident, or “each” injury you’ve suffered in the past is objectionable.
Further, an interrogatory might be overbroad if it fails to limit the time it concerns. For example, interrogatories asking for all documents from one specific month or all medical records from the past five years might be ok. But the same interrogatory without a time restriction is objectionable.
Excessive Number
Civil procedure rules limit the number of interrogatories a party can serve.
If your opponent serves more interrogatories than the applicable rules permit and has not received the court’s permission to send more, object.
Unduly Burdensome, Expensive, or Oppressive
You can object to an interrogatory if the expense or burden of answering outweighs its likely benefit to the opponent.
When determining if an interrogatory is unduly burdensome, the court might consider:
- How much time you or your attorney will have to spend researching the answer
- The cost of answering the interrogatory, including photocopying and mailing expenses if the interrogatory asks for the production of documents
- Whether the information sought is vital to resolving the legal dispute.
- Whether the amount in controversy (damages sought in the complaint) justify the expense required to answer the interrogatory
- The resources of the responding party
- Whether the responding party disclosed similar information in responses to other discovery tools, including depositions and requests for admissions
- How easily the requesting party could obtain the information by interviewing eyewitnesses or the police officer that completed the crash report, inspecting the accident site, or reviewing the documents produced by the responding party
- Whether the requesting party has similar access to the information sought
Further, the court might find an interrogatory unduly burdensome if it asks for all facts supporting the claim and a narrative response.
If you object to an interrogatory on the ground that it is too expensive to respond, there are things you can do to make it more likely the court will accept your position. For example, the court is more likely to rule for you if you offer to make the documents sought available for review or to split the cost of production.
Vague and Ambiguous
An interrogatory must be direct and straightforward. If you do not understand the question asked because it is ambiguous or confusing and you cannot determine what information the requesting party seeks, you should object and answer in good faith as well as you can.
The Information is Already Known or Equally Available to the Requesting Party
You can object to an interrogatory if the information sought is known by the requesting party or available to both parties equally.
For example, you should raise this objection if the answers are publicly available or in a third-party’s custody or control.
Speculation or Question Based on an Improper Assumption
An interrogatory is improper if it asks for pure speculation based on hypothetical facts without foundation or requests an answer to a question based on a wrong assumption.
Interrogatory Asks for a Legal Conclusion
An interrogatory asking for a legal conclusion is allowed. But there are situations where it makes sense to object to an interrogatory on the ground that it asks for a legal conclusion.
Such an interrogatory is objectionable if you cannot answer it until the parties complete discovery. Do not try to answer an interrogatory prematurely if more information is needed.
Embarrassment, Harassment, Annoyance, or Invasion of Privacy
If an interrogatory’s only possible purpose is to harass you, or if your answer will result in unjust annoyance or embarrassment, you can object.
You may find this objection is justified if an interrogatory asks for personal information or details of your financial condition that is unrelated to the claim’s subject matter.
For example, some insurance defense attorneys ask for username and password information for social media profiles and emails. This is objectionable. And no judge or deputy commissioner has forced my client to turn this over. In fact, no defense attorney has forced the issue in my cases.
Professional Opinions from Lay Witnesses
There are two types of witnesses – expert witnesses and lay witnesses.
Expert witnesses include accident reconstruction experts, medical doctors (orthopedic surgeons, neurologists in head injury and TBI cases, etc.), and life care planners.
Lay witnesses include family members, friends, and eyewitnesses to the accident.
An interrogatory that asks for a professional opinion from a lay witness is improper, and you should object.
Self-Incrimination
The U.S. Constitution’s 5th Amendment gives you protection against self-incrimination.
Object if your answer to an interrogatory would be self-incriminating.
Argumentative
You may object to an interrogatory that is argumentative.
An interrogatory is argumentative if it asks you to adopt an assumption.
Already Asked
Asking the same or similar questions is oppressive and objectionable.
Form
An interrogatory is objectionable if it contains subparts or compound, conjunctive, or disjunctive questions.
Social Security Information
You may object to an interrogatory that seeks your Social Security Number or documents related to a claim for Social Security Disability Insurance benefits in most cases.
Tax Returns and W-2s
Information about tax returns, W-2, or 1099 forms may be privileged, depending on the dispute.
Past Convictions
The other party may ask about past criminal convictions to attack your credibility or likability.
Depending on the type of action you’ve brought, you may be able to limit your answer to state whether you have any felony convictions or convictions involving moral turpitude (lying, cheating, or stealing).
Should I Answer the Interrogatory Even if I State an Objection?
Yes – if the answer will not hurt your case and doesn’t invade your privacy.
Discovery battles are time-consuming and annoy judges. Sometimes it’s better to avoid the fight if it will not impact the case’s outcome or cost you goodwill with the judge.
Protect Your Case with Interrogatory Objections
Answering interrogatories and responding to discovery requests without analyzing your rights and responsibilities can damage your case. You must be strategic in your answers.
This article provides an overview of what you should consider when you receive interrogatories. For more information and a consultation with a top-rated injury lawyer, call me: (804) 251-1620 or (757) 810-5614. Don’t turn over information unless you have to, or doing so will help put more money in your pocket.
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