But, how do you find it?
That's the fun part!
In this Tips & Tactics I give you a few ideas on how to use interrogatories to find evidence. You'll learn much more with my affordable, official, step-by-step 24-hour Jurisdictionary "How to Win in Court" self-help course everyone is talking about!
- Interrogatories! Sounds complicated, doesn't it?
- The main thing to remember is you are limited to a certain number.
Rule 33 Federal Rules of Civil Procedure states, "Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts." Individual state rules may allow more or less, but most courts put a fixed limit on the number of interrogatories you can use without obtaining a special court order that is difficult to get except in very special circumstances..
The first interrogatory I serve on opponents reads, "Identify all persons having first-hand knowledge of any material fact alleged in the pleadings of this case and, with regard to each such person, state what they know about each such fact and how they came to know it."
They will frequently respond, "Objection, overbroad, unduly burdensome, not calculated to lead to admissible evidence, seeks to inquire into attorney-client privilege," etc., etc., etc.
- If you get one of these boiler-plate responses, immediately file a "Motion for Better Answers to Interrogatories" and set your motion for hearing!
And, don't be fooled by the all-too-common objection, "The facts sought are not admissible at trial." Facts sought during discovery (i.e., before trial) do not have to be admissible at trial.
Rules of evidence for discovery requests like interrogatories are different from rules that control evidence at trial. Don't ever forget this. Lawyers may try to trick you by claiming what you seek is inadmissible. Doesn't matter! If it is "reasonably calculated to lead to the discovery of admissible evidence" it is fair game!
Rule 26(b) Federal Rules of Civil Procedure provides, "Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense รข€” including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action.
- Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence."
- Don't be left holding an empty evidence bag!
- Don't let lawyers trick you!
Evidence + Legal Authority = Victory in Court!
Your children deserve to know " Learn "How To Win In Court"
... and so do YOU!
... and so do YOU!
_____________________________________________________
Related Reading: Going Pro Se. Is it Right for YOU??
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"Standing in the Shadow of the Law", Special Ed. What is? Creating Your Own Law Book
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