The deposition is recorded word-for-word by a court reporter. The party being deposed must answer the questions orally and under oath. At a deposition, the attorney for one party will ask the other party (or a witness) questions. One party may ask the other party to admit or deny any material fact. Requests for production are similar to interrogatories, except instead of asking questions, one party asks the other to produce copies of relevant documents in their possession.

The responding party must answer the questions under oath and in writing. Interrogatories are specific questions submitted by one party to the other. There are 5 main tools used to request information in a personal injury case: Instead, each party must request the information they want. This process is called “discovery.” The idea behind discovery is that both parties should have access to all relevant information.Įach party doesn’t just hand over evidence automatically. Once the initial pleadings (complaint, summons, answer, counterclaim, etc.) have been filed, the parties begin the process of obtaining evidence from each other. The counterclaim is written in a manner similar to the complaint and the plaintiff will have an opportunity to answer the counterclaim.

This is called a “counterclaim,” and a defendant can include a counterclaim in their answer. In some instances, the defendant will want to assert their own claims against the plaintiff. Enjuris tip: For a sample answer to a complaint, click here.Īn answer may also set forth various defenses (legal reasons why the defendant should not be held liable for the plaintiff’s damages).

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