What Are Interrogatories? 

Interrogatories are written questions one side in civil cases sends to the other and are a way to gather important details about the case. These questions must be answered under oath and truthfully. In personal injury cases, they help clarify the facts and gather information that might not otherwise be evident, such as specifics about the accident, injuries, or witnesses. 

How Interrogatories Work in a Personal Injury Case

When a person receives interrogatories in a personal injury case, they must respond in writing, under oath, within a specific deadline set by the court. Typically, interrogatories are used to gather details that will help with your case. They allow attorneys to request information about the parties involved, like personal and business background, as well as facts about the accident, injuries, or treatment. 

These questions can also ask for the names and contact information of witnesses or the location of relevant documents or records. Each side must be thorough and truthful in their responses as these answers will help build the plaintiff’s and the defendant’s cases. 

Common Types of Interrogatory Questions

Interrogatory questions help to clarify the events leading up to the accident, the extent of the injuries, and how the incident has affected the victim’s life. Below are some common types of questions you might encounter when answering interrogatories in a personal injury case: 

• Personal information such as employment history and past medical conditions
• Specific details about how, when, and where the accident occurred
• Descriptions of any injuries sustained as a result of the accident
• Details of medical treatments received and ongoing care
• Information about lost wages or other financial losses tied to the injury
• Names and contact details of witnesses who were present or have relevant knowledge
• Any prior accidents or injuries that might relate to the current case

How Many Interrogatories Can You Send?

According to Rule 1.340 of the Florida Rules of Civil Procedure, each party is limited to sending no more than 30 interrogatories, including subparts. However, if one party believes they need more than this number of questions to fully explore the case, they can file a motion requesting permission to send additional questions. The court may grant this request if there’s a valid reason, known as “good cause,” for doing so. 

Do You Have to Answer Interrogatories? 

In Florida, you are legally required to respond to interrogatories unless you formally object to specific questions. Once you receive the interrogatories, you must submit your answers in writing, under oath, and within the specified timeframe. You have 30 days to respond, but if you’re a defendant, the deadline is extended to 45 days after being served with the initial complaint. 

If you fail to answer by the deadline, the opposing party can ask the court to step in and ask you to respond. If you continue to miss deadlines, this is considered contempt of court and the judge may impose fines or strike your pleadings. This could result in you losing the case. 

What if You Object Some of the Interrogatories? 

If you object to any of the interrogatories, you must provide specific reasons for your objection. These objections must be made in writing, signed by your personal injury lawyer, and submitted within the same timeframe as your responses – 30 days or 45 days for defendants. The objection needs to clearly outline the legal grounds for not answering a question. 

In some cases, if your objection isn’t clear or justified, the opposing party may file a motion, per rule 1.380(a), asking the court to overrule the objection. If the court grants this motion, you will be required to provide an answer. 

How Interrogatories Are Filled Out 

When filling out interrogatories, you have a couple of options. One option is for your attorney to prepare a rough draft based on the information you’ve provided. Then, they will send it to you for review to ensure the answers are clear, legally sound, and accurate. 

A second option is for you, the client, to draft your answers first. Your attorney will then review your draft and make any necessary adjustments to ensure your responses are lawful and accurate. After this back-and-forth review, the final answers are prepared, verified, and submitted under oath. 

Are the Answers to Interrogatories Admissible at Trial?

The answers provided in response to interrogatories can be used at trial, but there are limitations governed by the rules of evidence. According to Florida Rule of Civil Procedure 1.280(b), interrogatories may address any matters that could be explored in discovery, including facts, expert opinions, and conclusions drawn from those facts. However, if the response contains an opinion or contention that isn’t fully within the personal knowledge of the person answering, that answer might not automatically be admissible as direct evidence. 

Here’s how interrogatory answers can be used at trial:

• Answers may be used as direct evidence if they meet the rules of evidence, though responses based on opinion or incomplete knowledge are often limited. 
• If a party’s trial testimony conflicts with their interrogatory response, the opposing party can use the prior answers to challenge their credibility. 
• If one interrogatory answer is introduced at trial, the other party can request that additional related answers be introduced for context. 

When interrogatories involve expert opinions, additional rules apply: 

• Responses from experts who are not expected to testify at trial may be discovered only when no other practical means are available. 
• The party seeking expert information might be required to pay a reasonable fee to the expert and share in the costs incurred during discovery. 

The court has the final say on whether the interrogatory answers can be admitted as evidence, and any objections made during the discovery process will be considered according to the rules of evidence. 

How Fine, Farkash & Parlapiano, P.A. Can Help

At Fine, Farkash & Parlapiano, P.A., we are here to guide you through the process of responding to interrogatories in your personal injury case. Our team will carefully review each question to ensure your answers protect your rights and strengthen your case. 

If objections arise, we’ll help you handle them with confidence. Let us take care of the legal details so you can focus on what matters most – your recovery. Contact our law firm today for your free consultation. 

Sources: 

Interrogatory | Cornell Law School

Rule 1.340 Interrogatories To Parties | Florida Rules

Rule 1.340 – INTERROGATORIES TO PARTIES | Casetext

Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions | Cornell Law School

RULE 1.280. GENERAL PROVISIONS GOVERNING DISCOVERY | Florida Bar