Legal Definitions - deposition on written interrogatories

A deposition on written interrogatories is a formal legal procedure used to gather sworn testimony from a witness outside of a courtroom setting. Unlike an oral deposition where attorneys question a witness in person, this method involves a set of written questions prepared in advance by one of the parties in a lawsuit. These written questions are then formally served upon the witness, who must provide written answers to each question under oath. The witness's written responses are typically signed before a notary public or other authorized official, affirming their truthfulness, and then become part of the official record of the case.

This process is often utilized when a witness is located far away, when the information sought is relatively straightforward, or when the parties wish to minimize the time and expense associated with an in-person deposition.

• Example 1: International Business Dispute

  Imagine a U.S. company suing a European supplier for failing to deliver goods according to a contract. A crucial witness is a former employee of the European supplier who now lives in Asia and is unwilling to travel for an in-person deposition. To obtain their testimony, the U.S. company's attorney could serve a deposition on written interrogatories to the former employee. The attorney would draft specific questions about the contract terms, production schedules, and communications. The former employee would receive these questions, write out their answers, and sign them under oath before a local official, providing vital evidence without needing to cross continents.

• Example 2: Medical Malpractice Case

  In a medical malpractice lawsuit, the plaintiff's attorney needs to establish the standard of care that should have been provided by the defendant doctor. An expert witness, a renowned surgeon from another state, has reviewed the case files and is prepared to offer an opinion. However, due to their demanding schedule, an in-person deposition is impractical and costly. Instead, the attorney could send a deposition on written interrogatories to the expert. The questions would focus on the standard of care, whether the defendant met that standard, and the causation of the plaintiff's injuries. The expert could then provide detailed, sworn written responses at their convenience, which would be submitted as evidence in the case.

• Example 3: Insurance Claim Investigation

  Consider a homeowner's insurance claim where a dispute arises over the value of damaged property after a fire. A key witness is a contractor who provided an initial damage assessment but has since moved to a remote area. The insurance company's legal team needs to confirm the details of that assessment. They could issue a deposition on written interrogatories to the contractor. The questions would cover the scope of the damage observed, the estimated repair costs, and the methodology used for the assessment. The contractor would then provide sworn written answers, which would help the insurance company evaluate the claim without the expense of traveling to depose the contractor in person.