Discovery:

What is a Discovery?: A formal investigation -- governed by court rules -- that is conducted before trial by both parties. Discovery allows each party to question the other parties, and sometimes witnesses. Modes of Discovery: It is a device employed by a party to obtain information about relevant matters on the case from the adverse party in preparation for trial; it may be used by all parties to the case. he most common types of discovery are interrogatories, consisting of written questions the other party must answer under penalty of per!ury; depositions, at which one party to a lawsuit has the opportunity to as" oral questions of the other party or witnesses under oath while a written transcript is made by a court reporter; and requests to produce documents, by which one party can force the other to produce physical evidence. Legal Writing as it Applies to Discovery : A mode of discovery called a deposition #which is the ta"ing of the testimony of any person at the instance of a party to the action$ may be either by oral e%amination, or by a written interrogatory. What is an Interrogatory?: &ritten questions submitted to a party from his or her adversary to ascertain answers that are prepared in writing and signed under oath and that have relevance to the issues in a lawsuit.

Rules Governing the Interrogatory [as set by Rules 23 and 25, of the Rules of Court]:

Section 25. Deposition upon written interrogatories; service of notice and of interrogatories. ' A party desiring to ta"e the deposition of any person upon written interrogatories shall serve them upon every other party with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be ta"en. &ithin ten #()$ days thereafter, a party so served may serve cross-interrogatories upon the party proposing to ta"e the deposition. &ithin five #*$ days thereafter, the latter may serve re-direct interrogatories upon a party who has served cross-interrogatories. &ithin three #+$ days after being served with re-direct interrogatories, a party may serve recross-interrogatories upon the party proposing to ta"e the deposition. Section 29. ,ffect of errors and irregularities in depositions. '

#e$ As to form of written interrogatories. ' -b!ections to the form of written interrogatories submitted under sections .* and ./ of this 0ule are waived unless served in writing upon the party propounding them within the time allowed for serving succeeding cross or other interrogatories and within three #+$ days after service of the last interrogatories authori1ed.

Section 1. Interrogatories to parties; service thereof. ' 2nder the same conditions specified in section ( of 0ule .+, any party desiring to elicit material and relevant facts from any adverse parties shall file and serve upon the latter written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer thereof competent to testify in its behalf. Section 2. Answer to interrogatories. ' he interrogatories shall be answered fully in writing and shall be signed and sworn to by the person ma"ing them. he party upon whom the interrogatories have been served shall file and serve a copy of the answers on the party submitting the interrogatories within fifteen #(*$ days after service thereof unless the court on motion and for good cause shown, e%tends or shortens the time. Section 3. -b!ections to interrogatories. ' -b!ections to any interrogatories may be presented to the court within ten #()$ days after service thereof, with notice as in case of a motion; and answers shall be deferred until the ob!ections are resolved, which shall be at as early a time as is practicable. Section . 3umber of interrogatories. ' 3o party may, without leave of court, serve more than one set of interrogatories to be answered by the same party. Section 5. 4cope and use of interrogatories. ' Interrogatories may relate to any matters that can be inquired into under section . of 0ule .+, and the answers may be used for the same purposes provided in section 5 of the same 0ule. Section !. ,ffect of failure to serve written interrogatories. ' 2nless thereafter allowed by the court for good cause shown and to prevent a failure of !ustice, a party not served with written interrogatories may not be compelled by the adverse party to give testimony in open court, or to give a deposition pending appeal.