NFPA Paralegal Core Competency Exam (PCCE)Substantive LawEasy
A paralegal is summarizing the discovery phase of a civil lawsuit for an attorney. The opposing counsel has served a list of written questions that must be answered under oath by the client. What is the correct term for this discovery device?
- AInterrogatories
- BRequest for Admissions
- CRequest for Production of Documents
- DDeposition
Show answer & explanationAnswer & explanation
Correct answer: A. Interrogatories
Interrogatories are written questions sent by one party to another in a lawsuit that must be answered in writing and under oath. This exactly matches the scenario described.
Why the other options are wrong
- B. A request for admissions asks the opposing party to admit or deny specific facts or the authenticity of documents, not to answer open-ended questions.
- C. A request for production of documents seeks specific documents or tangible items, not written answers to questions.
- D. A deposition involves oral testimony given under oath outside of court, transcribed by a court reporter.
Interrogatories
A form of discovery consisting of written questions submitted by one party to another, which must be answered in writing and under oath within a specified time period.
- Written questions
- Served on another party
- Must be answered under oath
- Aims to elicit facts and identify witnesses/documents
Memory trick: Interrogatories are 'interrogating' with 'written' questions.