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The discovery process, including the use of interrogatories, can help the parties obtain that information from each other. For an example of how interrogatories may be used, in a motor vehicle accident lawsuit, an injured plaintiff typically asserts that the defendant driver committed the tort of negligence in causing the accident. To prove ...
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
A defendant who needed to obtain evidence in support of his defenses had to file a cross-bill against the plaintiff to plead his own interrogatories. [ 3 ] Discovery did not exist at common law, but its availability in equity attracted litigants in actions at law (legal proceedings in the common law courts).
The first attorney may ask more questions at the end, in re-direct, which may be followed by re-cross. During the course of the deposition, one attorney or another may object to questions asked. In most jurisdictions, only two types of objections are allowed: The first is to assert a privilege and the second is to object to the form of the ...
Requests for admission are a list of questions which are similar in some respects to interrogatories, but different in form and purpose.Each "question" is in the form of a declarative statement which the answering party must then either admit, deny, or state in detail why they can neither admit nor deny the truthfulness of the statement (e.g. for lack of knowledge, etc.).
A defendant exposed to similar liability may also seek interpleader. Rule 23 governs the procedure for class action litigation. In a class action, a single plaintiff or small group of plaintiffs seeks to proceed on behalf of an entire class who have been harmed by the same conduct by the same defendants; actions against classes of defendants ...
Republican President-elect Donald Trump has promised to grant clemency to at least some of his supporters who stormed the U.S. Capitol on Jan. 6, 2021 in a failed bid to block Congress from ...
According to the FRCP, the plaintiff must initiate a conference between the parties to plan for the discovery process after the complaint was served to the defendants. [1] The parties must confer as soon as practicable after the complaint was served to the defendants — and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).