In California civil litigation, special interrogatories are written questions that one party (the propounding party) sends to another party (the responding party) in a lawsuit. These interrogatories are a type of discovery tool used to gather information relevant to the case. Here’s an overview of special interrogatories in California civil cases:
- Purpose: Special interrogatories are designed to elicit specific factual information and details from the opposing party. They are used to gather evidence, clarify issues, and narrow down the disputed facts in preparation for trial.
- Content: Special interrogatories typically ask the responding party to provide detailed written answers under oath to specific questions related to the lawsuit.
- Format: Special interrogatories must be in writing and served on the opposing party according to specific rules and timelines set forth in the California Code of Civil Procedure. The responding party is required to provide written responses within a designated time frame, usually 30 days after service of the interrogatories.
- Objections: The responding party may object to certain interrogatories if they are overly broad, unduly burdensome, or seek privileged information. Objections must be stated clearly and with specificity. If the parties cannot resolve objections informally, they may seek court intervention to resolve disputes over the propriety of interrogatories.
- Consequences of Failure to Respond: If a party fails to respond to special interrogatories within the specified time frame or provides incomplete or evasive responses, the propounding party may seek court intervention. This could include a motion to compel responses and sanctions against the non-complying party.
Special interrogatories are an important part of the discovery process in California civil litigation, allowing parties to gather pertinent information and evidence to build their case or prepare for trial. They help ensure that both sides have a clear understanding of the factual issues in dispute and facilitate the fair and efficient resolution of legal disputes.