Interrogatories

Interrogatories are written questions that one side in a lawsuit sends to the other side, which must be answered in writing and under oath within a set time period. Interrogatories are part of the "discovery" phase of a case, where each side gathers facts before trial. In asbestos cases, you (the plaintiff) will both send interrogatories to the companies you are suing and receive interrogatories from them that you must answer with your lawyer's help.

Origin

From the Latin "interrogare," meaning "to question." Written interrogatories have been a formal part of Anglo-American civil procedure since the 16th century and are now governed by rules such as Federal Rule of Civil Procedure 33 and parallel state rules.

Significance in Asbestos Context

As a patient-plaintiff, you will likely be asked to answer detailed interrogatories about every job you ever held, every place you lived, every product you may have worked with, your military service, your smoking history, and your medical history. Your truthful, careful answers matter enormously because your testimony at deposition and trial must remain consistent with them. On the other side, your attorneys use interrogatories to force defendant companies to disclose what they knew about asbestos hazards, when they knew it, which products contained asbestos, where those products were sold, and what warnings (if any) they gave. Because answers are sworn, they can be used later as evidence and can lock a company into a position it cannot easily walk back.

Example Sentence

Before her deposition, the patient spent several afternoons with her attorney reconstructing her late husband's 40-year work history so she could accurately answer the defendants' interrogatories about his asbestos exposures.

Related Terms

Discovery, Deposition, Request for Production, Request for Admission, Work History Affidavit, Pleadings, Subpoena, Product Identification

Notes

• Start gathering exposure information early: old W-2s, union records, Social Security earnings statements, military DD-214, photographs of job sites, and names of coworkers will all help you answer interrogatories accurately.
• Never guess or fill in details you don't remember. Write "I do not recall" when that is the truth. Inconsistent or speculative answers can be used against you later.
• Ask your attorney to walk you through each question before you sign the verification page; once signed under oath, your answers are binding.
• Keep a copy of every interrogatory you answer and every set your attorney sends to defendants. These documents often reveal which companies admit selling asbestos products at your worksites.