When a witness provides a justification for not responding to a question, it is referred to as a demurrer to interrogatories. It is similar to stating, “I am unable to answer that question because…”
A demurrer to interrogatories is a witness’s objection or reason for not answering an interrogatory. For instance, during a trial, a lawyer may ask a witness a series of questions known as interrogatories. If the witness declines to answer a question, they must provide a demurrer, which is a valid reason for not answering. This could be because they believe the question is irrelevant to the case or because answering it may incriminate them. This example demonstrates how a demurrer to interrogatories operates in a legal context, highlighting that a witness cannot simply refuse to answer a question without providing a valid reason. The demurrer allows the witness to object to a question without facing consequences for not answering.
A demurrer to interrogatories is a legal objection raised by a party in response to written questions (interrogatories) posed by the opposing party in a lawsuit. It challenges the sufficiency or relevance of the interrogatories.
A demurrer to interrogatories can be filed within the time frame specified by the court rules or the deadline set by the opposing party for responding to the interrogatories.
Common grounds for filing a demurrer to interrogatories include objections based on relevance, privilege, overbreadth, ambiguity, or burdensomeness.
A demurrer to interrogatories is typically filed with the court and served on the opposing party in accordance with the rules of civil procedure.
After a demurrer to interrogatories is filed, the court may schedule a hearing to consider the objections raised and make a ruling on the sufficiency of the interrogatories.
Yes, a demurrer to interrogatories can be denied if the court finds that the objections raised are not valid and that the interrogatories are proper.
If a demurrer to interrogatories is successful, the court may order the opposing party to revise or narrow the interrogatories to address the objections raised.
In some cases, a ruling on a demurrer to interrogatories may be appealed if the party filing the demurrer believes that the court erred in its decision.
Yes, parties may also seek to resolve objections to interrogatories through informal negotiations, mediation, or other forms of alternative dispute resolution.
It is advisable to consult with an attorney before filing a demurrer to interrogatories to ensure that the objections raised are valid and to understand the potential consequences of filing the demurrer.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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