California Personal Injury and Bike Accident Attorney - Discovery; Written Interrogatories

Earlier, I noted that "...curiosity killed the cat, but information brought him back" I can't count the number of times my client and I have had our backs to the wall when (through a process called "discovery") I found one seemingly insignificant fact that snatched victory from the jaws of defeat.

Years ago parties would go to trial with only scant knowledge of the other side's facts, contentions and witnesses. Frequently one side would be blind-sided with the evidence and the case would go to the attorney who could best camouflage his case. Something had to be done. Laws had to be changed. After all, a courtroom is an arena for the pursuit of truth.

Across the United States the lawmakers instituted what is now referred to as "Discovery." Each party was given the opportunity to extensively question the other side and to probe their case. The concept was that, prior to trial, each side would fully understand the facts, witnesses and theories of the other side. In this way, settlement of the case is facilitated, and if it does not settle, a just verdict is more likely.

The discovery process consumes much of a Southern / Northern California bike accident attorney's time. Many cases are won or lost in discovery.

The most important kinds of discovery are:
1. Written Interrogatories

2. Oral deposition

3. Inspections of documents, things and places

4. Requests for admissions

5. Physical and mental examinations

6. Exchanges of expert trial information

The first type of discovery your Southern / Northern California bike accident attorney will create are written interrogatories. Assume for the purposes of this chapter you have retained a motorcycle / bicycle accident lawyer. The parties are entitled to submit written questions to the opposing party. A set of general interrogatories has been approved by the courts. These are printed on a form. They are used for any kind of negligence case like a motorcycle / bicycle accident, for instance. The interrogatories are also designed to handle all kinds of cases, not just personal injury. The party who asks the questions (the propounding party) sends a copy of the form to the opposing party, checking the boxes of the questions the propounding party desires answered.

These form interrogatories are written below in their entirety. (Note: these forms are revised yearly and the following form, indeed any form discussed in the guide has probably been modified several times). In all cases, some of these questions are asked by the motorcycle accident lawyer. In no cases are all questions asked. I have added a note at the end of each question. This note advises of one or more of the more important reasons you are being asked this question, but not all reasons.