The Plaintiffs Benefit of Propounding Non Uniform Interrogatories in a Motor Vehicle Accident Case
There are numerous modalities of discovery a party can utilize during the litigation process. Depositions, Independent Medical Examinations and Requests for Admissions are just a few. One of the most common methods of discovery is the Non-Uniform Interrogatory (NUI). Typically one only thinks of NUI’s as being propounded by the defendant upon the plaintiff. However, NUI's can play a very important role in a plaintiff's case.
One benefit for a plaintiff in sending NUI's to a defendant is the y are a cost efficient way to obtain information. In a disputed liability motor vehicle accident case a defendant's initial disclosure statement might provide a couple sentences, or an entire paragraph if you are lucky, describing the defendant’s version of how the accident occurred. In such a case NUI's to the defendant offer you a way to get a more detailed description of the defendant’s version of how the accident occurred. Moreover, NUI’s are an inexpensive alternative to deposing the defendant. You can fine tune and tailor your questions exactly how you wish and upon receipt of defendant's answers you can then decide if a deposition is absolutely necessary.
If you know, as plaintiff’s attorney, that deposition of the defendant is a certainty NUI’s are still a great tool to learn preliminary or foundational information that you can expand upon at deposition. Imagine walking into a deposition with no knowledge about your deponent whatsoever. Scary thought, huh? But with well crafted NUI’s propounded ahead of time you can easily get a sketch of who the defendant is, what their version of the accident is and other pertinent information that you can follow up on at deposition.
Propounding NUI’s is not all sunshine and rainbows. Many times you will face difficulty from defense counsel in answering the questions. In a punitive damages claim they will object to your questions seeking information about the defendant’s financial wherewithal. If the punitive damages claim arises out of a medical condition from which the defendant should not have been driving you will want information regarding the defendant’s medical history. Defense counsel likely will, and should, object to some of these interrogatories. In the event any of the above occurs it will be your responsibility to make sure you personally confer with defense counsel on these issues before involving the court. If motion practice with the court becomes necessary for you to obtain the information you need to prosecute your client’s punitive damages claim then so be it. The likelihood the court does not allow you to at least conduct discovery on a prima facie claim for punitive damages is slim.
As you can see there are many ways to use, and many benefits to, NUI’s. NUI’s are a more cost efficient and quicker way to obtain information about a defendant than a deposition. They can be used to get a sketch of who a defendant is and their knowledge about an accident. Finally, they can be used to gain more specific knowledge about a defendant in complex cases such as ones involving a punitive damages claim.
