Interrogatory - Law Dictionary Search Results
Home Dictionary Name: interrogatoryinterrogatory
interrogatory pl: -ries : a written question required by law to be answered under the direction of a court ;esp : a written question directed by one party to another regarding information that is within the scope of discovery see also general verdict and special verdict at verdict, special interrogatory NOTE: Interrogatories are widely used as a discovery device in civil procedure and also have limited use in criminal proceedings. An interrogatory may be objected to and does not have to be answered if the court determines that it is excessive or burdensome. An interrogatory may also be submitted by a judge to a jury when the court asks for a general verdict and wants to know the basis of the decision, or when the court requires the jury to return a special verdict. ...
Interrogatories
Interrogatories, written questions addressed on behalf of one party to a cause, before the trial thereof, to the other party, who is bound to answer them in writing upon oath.In the Courts of Equity either party could from very early times interrogate the other. In the Courts of Law this power was first given by the (English) Common Law Procedure Act, 1854, s. 51, which, however, only allowed it to be exercised by leave of the Court or a judge. Under the present practice interrogatories can only be administered in the High Court by leave of the Court, i.e., a Master at Chambers, and the particular questions proposed to be asked must be submitted for his approval; a sum, generally 5l., may be ordered to be paid into Court as security for costs. See R.S.C. 1883, Ord. XXXI., and consult Bray or Ross on Discovery. As to interrogatories in the County Courts, see C.C. Rules, 1903, Ord. XVI. An order for interrogatories cannot be made in an arbitration under the (English) Workmen's Compensati...
special interrogatory
special interrogatory : an interrogatory addressed to a jury seeking a determination of a specific issue or issues of ultimate fact for the purpose of testing the deliberations and conclusions of the jury for consistency with the general verdict or when the court requires the jury to return a special verdict ...
interrogatories
interrogatories Written questions served by the opposing party that must be answered in writing as part of the discovery process. ...
verdict
verdict [alteration (partly conformed to Medieval Latin veredictum) of Anglo-French veirdit statement, finding, verdict, from Old French veir true (from Latin verus) + dit saying, from Latin dictum] 1 : the usually unanimous finding or decision of a jury on one or more matters (as counts of an indictment or complaint) submitted to it in trial that ordinarily in civil actions is for the plaintiff or for the defendant and in criminal actions is guilty or not guilty compare judgment compromise verdict : a verdict produced not by sincere unanimous agreement on guilt or liability but by an improper surrender of individual convictions ;specif : an impermissible verdict by a jury that is unable to agree on liability and so compromises on an award of damages that is less than what it should be if the plaintiff has a right of recovery free from any doubts di·rect·ed verdict 1 : a verdict granted by the court when the party with the burden of proof has failed to present sufficie...
Discovery
Discovery, revealing or disclosing matter. The Courts of Common Law were originally unable to compel a litigant to disclose any fact resting merely within his knowledge, or discover any document in his power, which would aid in the enforcement of a right, the repelling of an unjust demand, or the redress of a wrong; an infirmity which the equity judges cured by compelling such a party to disclose the fact, or discover the document, upon his oath, in his answer to a bill of complaint, filed by the opposite party, called a bill of discovery, which was an original bill.Sir James Wigram, V.C., in his work, entitled Points in the Law of Discovery, epitomized the two cardinal principles on this subject in the two following propositions:(1) It is the right, as a general rule, of a plaintiff in equity to exact from the defendant a discovery upon oath as to all matters of fact, which, being well pleaded in the bill, are material to the plaintiff's case about to come on for trial, and which the ...
deposition
deposition [Late Latin depositio testimony, from Latin, act of depositing, from deponere to put down, deposit] 1 a : a statement that is made under oath by a party or witness (as an expert) in response to oral examination or written questions and that is recorded by an authorized officer (as a court reporter) ;broadly : affidavit b : the certified document recording such a statement compare interrogatory 2 : the hearing at which a deposition is made [order that the testimony at a be recorded by other than stenographic means "Federal Rules of Civil Procedure Rule 38(b)"] NOTE: A deposition can be used as a method of discovery, to preserve the testimony of a witness who is likely to become unavailable for trial, or for impeachment of testimony at trial. Depositions are distinguished from affidavits by the requirement that notice and an opportunity to cross-examine the deponent must be given to the other party. ...
discovery
discovery pl: -er·ies 1 : the act or process of discovering 2 : something discovered [applied for a patent for the ] 3 a : the methods used by parties to a civil or criminal action to obtain information held by the other party that is relevant to the action see also deposition, interrogatory, request for production b : the disclosure of information held by the opposing party in an action [a party may obtain of the existence and contents of any insurance agreement "Federal Rules of Civil Procedure Rule 26(b)(2)"] see also privilege, work product doctrine NOTE: Discovery allowed under Federal Rule of Civil Procedure 26 is far-reaching. With some exceptions, a party may obtain discovery of any relevant information as long as it is not privileged, including information that itself would not be admissible at trial but that is likely to lead to the discovery of admissible evidence. Criminal discovery, however, has been more controversial. Under Federal Rule of Criminal Procedure ...
error
error : an act that through ignorance, deficiency, or accident departs from or fails to achieve what should be done [procedural s] ;esp : a mistake made by a lower court in conducting judicial proceedings or making findings in a case [to compel to conclusion that a manifest has been done "Moses v. Burgin, 445 F.2d 369 (1971)"] often used without an article [had been to give the jury special interrogatories "K. A. Cohen"]; see also assignment of error, clearly erroneous NOTE: Generally a party must object to an error at trial in order to raise it as an issue on appeal. clear error : an error made by a judge in his or her findings of fact which is such that it leaves the reviewing court with the firm and definite conviction that a mistake has been made NOTE: A clear error may or may not warrant reversal. fundamental error : plain error in this entry used esp. in criminal cases harmless error : an error that does not affect a substantial right or change the outcome of a trial a...
evasive
evasive : tending or intending to evade NOTE: Under Federal Rule of Civil Procedure 37(a)(3), an evasive or incomplete answer to an interrogatory or to a question at a deposition is treated as a failure to answer and may be subject to an opponent's motion to compel an answer. eva·sive·ly adv eva·sive·ness n ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial