When pursuing a personal injury claim in California, much of the case is built during the pre-trial discovery process. One powerful discovery tool available to both sides is the interrogatory a formal set of written questions designed to gather essential information and clarify facts before trial.
At Hillstone Law, we guide clients through each stage of litigation, including preparing, sending, and responding to interrogatories strategically and in compliance with California law. Here’s what you need to know about how interrogatories work in a personal injury lawsuit.
What Is an Interrogatory?
An interrogatory is a written question one party sends to the opposing party during the discovery phase of a civil lawsuit. These questions must be answered under oath and within a 30-day deadline. Interrogatories are used to:
- Narrow down the disputed issues in a case
- Obtain key facts or evidence
- Identify witnesses and supporting documents
- Pinpoint weaknesses or inconsistencies in the opposing party’s position
Common Interrogatory Topics in a Personal Injury Case
Interrogatories are often used to establish or clarify facts such as:
- Insurance details: Policy numbers, coverage limits, and contact info
- Accident specifics: Traffic light color, weather conditions, vehicle details
- Medical background: Medications, pre-existing conditions, treating doctors
- Driver history: License suspensions, prior violations or arrests
- Witnesses: Names, addresses, and contact info of individuals with knowledge of the accident
- Statements made: To whom the accident has been discussed, including adjusters or other third parties
- Vehicle repairs: Whether your vehicle has been fixed and by whom
Your personal injury attorney at Hillstone Law will carefully craft and review interrogatories to ensure they support your case and comply with discovery rules.
How Many Interrogatories Can You Send?
Under California law, each party is allowed to send up to 35 specially prepared interrogatories in a personal injury case. If you need to send more, you must either:
- Get permission from the court, or
- Obtain agreement from the opposing party
There are also form interrogatories standardized questions provided by the California Judicial Council that do not count toward the 35-question limit.
When Can Interrogatories Be Sent?
Interrogatories can typically be served:
- 10 days after the first case management conference, or
- 10 days after the other party is served, if no joint case report has been filed
The court may also set different discovery timelines based on the case’s complexity.
Who Can Send Interrogatories?
Both plaintiffs and defendants are entitled to send and receive interrogatories in a personal injury case. Each side has the right to ask relevant questions and is legally obligated to respond unless a valid objection applies.
How Long Do You Have to Respond to Interrogatories?
You have 30 calendar days to respond after being served. During this time, you must either:
- Provide complete, written answers, or
- Submit specific legal objections to individual questions
If you need more time, you can request an extension from the other party or ask the court for additional time if necessary.
How to Respond to Interrogatories
When responding:
- List each question, followed by your corresponding answer
- Sign the document under penalty of perjury
- Serve the response on the opposing party (not the court)
If you object to a question, you must state the legal grounds for the objection clearly (e.g., relevance, attorney-client privilege, undue burden). Vague objections like “objection” or “irrelevant” without explanation are not sufficient.
What Happens if You Object or Refuse to Answer?
If you object to certain questions, the other party may file a motion with the court asking a judge to compel you to respond. An experienced personal injury attorney from Hillstone Law can help you respond properly and avoid unnecessary court disputes, while also protecting you from overly broad, invasive, or harassing questions.
Can Interrogatory Responses Be Used at Trial?
Yes. Interrogatory responses are admissible in court, as long as they meet evidentiary standards. If a party admits a fact or provides an inconsistent statement in their responses, that information may be introduced during trial to support your case or challenge the credibility of the opposing party.
Why You Need Legal Guidance for Interrogatories
At Hillstone Law, we use interrogatories as a strategic tool to:
- Build a strong foundation for your personal injury claim
- Uncover valuable evidence
- Identify inconsistencies in the other side’s story
- Strengthen your position for settlement or trial
We ensure all interrogatories are legally sound, carefully crafted, and fully aligned with your case strategy.
Let Hillstone Law Guide You Through Discovery
Discovery is one of the most critical phases of any personal injury lawsuit and interrogatories play a central role. Whether you’re initiating discovery or responding to complex questions, our legal team will ensure your rights are protected and your case is fully prepared for success.
Contact Hillstone Law today for a free consultation, and let us help you navigate the personal injury process with confidence and clarity.
