Legal Definitions - special interrogatory

A special interrogatory is a written question submitted by one party in a lawsuit to another party, which the receiving party must answer truthfully and under oath. Unlike standard or "form" interrogatories, which are pre-approved, general questions used in many cases, special interrogatories are custom-drafted questions specifically tailored to the unique facts, claims, and defenses of a particular lawsuit.

Their primary purpose is to obtain precise, detailed information or to clarify a party's specific contentions regarding a particular issue in dispute. By asking highly specific questions, special interrogatories help to narrow down the issues that need to be proven at trial, making the discovery process more efficient and focused.

• Example 1: Personal Injury Lawsuit

  Imagine a lawsuit where a cyclist is suing a car driver for injuries sustained in an accident. The cyclist alleges the driver was speeding and ran a red light. To gather specific evidence, the cyclist's attorney might send a special interrogatory to the driver asking: "State the exact speed you were traveling 100 feet before the intersection of Main Street and Elm Avenue on the date of the accident, and describe all actions you took to slow down or stop your vehicle as you approached the intersection."

  This is a special interrogatory because it's not a general question about the accident. It seeks very precise details about the driver's speed and actions at a specific location, directly addressing the plaintiff's allegations of speeding and failure to stop, which are central to proving negligence.

• Example 2: Contract Dispute

  Consider a dispute between a software company and a client over a custom application. The client claims the software company failed to deliver a specific feature, "User Authentication Module 2.0," by the agreed-upon deadline. The client's attorney might send a special interrogatory to the software company stating: "Identify all individuals who worked on the 'User Authentication Module 2.0' between June 1 and August 31, 2023, and for each individual, state the total number of hours they dedicated to that module during that period, specifying the tasks performed."

  This interrogatory is "special" because it is highly specific to a particular module and a defined timeframe, directly targeting the core of the contract dispute regarding performance and delivery. It aims to uncover precise details about the work (or lack thereof) on the disputed feature.

• Example 3: Employment Discrimination Case

  Suppose a former employee sues their employer for age discrimination, alleging they were terminated because of their age. To build their case, the employee's attorney might send a special interrogatory to the employer asking: "For each employee terminated from a 'Regional Sales Manager' position between January 1, 2020, and December 31, 2023, state their age at the time of termination, their length of employment, and the stated reason for their termination."

  This is a special interrogatory because it is precisely tailored to gather comparative data (age, tenure, reason for termination) for a specific role and timeframe. This information is crucial for the plaintiff to demonstrate a potential pattern of age-based terminations, directly supporting their claim of discrimination.