Interrogatories Before Depositions

Plaintiffs' lawyer Ron Miller has an informative post explaining why he serves interrogatories at the time he files a complaint, noting in part--

The advantage in first obtaining answers to interrogatories is that the answers should help the attorney determine who should be deposed, what questions should be asked of those deponents and what documents should be obtained in the case. Having the interrogatory answers, in some cases, also may tend to shorten the length of time required for the deposition. A possible advantage in taking the opposing party's deposition before serving interrogatories is that the party's deponent will not have thought out the factual and legal position thoroughly with the attorney and be as prepared as he/she might be otherwise.

As Miller writes, there's a split of opinion on this issue among plaintiffs' lawyers. The full post, which contains much additional discussion, is titled "When to Serve Interrogatories?"

Related post from Trial Practice Tips: "Depositions Before Interrogatories?"

Comments

[SR]

If you are in New York the answer is NEVER. Well, almost never.

[FredN.]

The "When to Serve Interrogatories" link is bad.

Also, how does Ron Miller's advice to file interrogatories at the time he files a complaint jibe with IL SCR 201:

d) Time Discovery May Be Initiated. Prior to the time all defendants have appeared or are required to appear, no discovery procedure shall be noticed or otherwise initiated without leave of court granted upon good cause shown

[Evan]

I fixed the link, thanks.

Ron Miller doesn't practice in Illinois. In Illinois, his advice would have to be altered slightly to comport with IL SCR 201.

[FredN.]

Got it, thanks.