Legal Definitions - cross-interrogatory

In legal proceedings, an interrogatory is a formal set of written questions sent by one party to another party in a lawsuit, which the recipient must answer truthfully and under oath. These are a common tool for gathering information before a trial.

A cross-interrogatory refers to a set of written questions posed by one party to a witness whose deposition is being taken by the opposing party, specifically when that deposition is conducted through written questions rather than orally. It serves a similar purpose to cross-examination in a live setting, allowing the opposing side to challenge, clarify, or expand upon the witness's testimony obtained through the initial written questions.

Here are some examples:

• Example 1: Product Liability Lawsuit

  Imagine a lawsuit where a consumer is suing a manufacturer over a defective product. The manufacturer's legal team wants to obtain testimony from a retired engineer who lives in a different country and was involved in the product's design. Instead of flying out for an oral deposition, the manufacturer's lawyers send a series of written "direct interrogatories" to the engineer. The consumer's legal team then has the opportunity to submit their own written questions to the same engineer, which are the cross-interrogatories. These questions might seek to uncover potential design flaws or inconsistencies in the engineer's initial answers, providing the consumer's side with crucial information.

• Example 2: Real Estate Dispute

  Consider a dispute between two property owners regarding an easement. One owner's attorney wants to depose an elderly former surveyor who worked on the property decades ago and now resides in a distant state. Due to the surveyor's age and location, the attorney opts for a written deposition, sending "direct interrogatories." The opposing property owner's attorney then drafts and submits cross-interrogatories to the surveyor. These questions might aim to clarify the surveyor's methods, challenge the accuracy of old maps, or explore details not covered by the initial questions, ensuring a comprehensive record of the surveyor's knowledge from both perspectives.

• Example 3: Employment Discrimination Case

  In an employment discrimination lawsuit, the plaintiff alleges unfair treatment by a former employer. The employer's legal team identifies a former HR manager, now living abroad, who has relevant information. The employer's lawyers send written "direct interrogatories" to this former HR manager. The plaintiff's attorney then prepares and submits cross-interrogatories to the same HR manager. These questions could focus on the company's policies, specific incidents, or the HR manager's understanding of the discrimination allegations, providing the plaintiff a chance to obtain information relevant to their case from a witness initially questioned by the defense.