How Much Information Can Be Requested in an Audit of a Guardianship?
Full Question:
Answer:
Generally, the scope of discovery is broad and allows the other party to seek information that may lead to the introduction of relevant evidence. The court may limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.
Please see the following VA statute:
§ 31-14. Powers of courts over guardians. —
The circuit courts may hear and determine all matters
between guardians and their wards, require settlements of
guardianship accounts, remove any guardian for neglect or
breach of trust, and appoint another in his stead, and make
any order for the custody, health, maintenance, education and
support of an infant and the management, disbursement,
preservation and investment of his estate.
Please see the following VA court rules:
Rule 4:1. General Provisions Governing Discovery.
(a) Discovery Methods. — Parties may obtain discovery
by one or more of the following methods: depositions upon oral
examination or written questions; written interrogatories;
production of documents, electronically stored information, or
things or permission to enter upon land or other property, for
inspection and other purposes; physical and mental
examinations; and requests for admission.
(b) Scope of Discovery. — Unless otherwise limited by
order of the court in accordance with these Rules, the scope
of discovery is as follows:
(1) In General. Parties may obtain discovery regarding any
matter, not privileged, which is relevant to the subject
matter involved in the pending action, whether it relates to
the claim or defense of the party seeking discovery or to the
claim or defense of any other party, including the existence,
description, nature, custody, condition and location of any
books, documents, or other tangible things and the identity
and location of persons having knowledge of any discoverable
matter. It is not ground for objection that the information
sought will be inadmissible at the trial if the information
sought appears reasonably calculated to lead to the discovery
of admissible evidence. Subject to the provisions of
Rule 4:8(g), the frequency or extent of use of the discovery
methods set forth in subdivision (a) shall be limited by the
court if it determines that: (i) the discovery sought is
unreasonably cumulative or duplicative, or is obtainable from
some other source that is more convenient, less burdensome, or
less expensive; (ii) the party seeking discovery has had ample
opportunity by discovery in the action to obtain the
information sought; or (iii) the discovery is unduly
burdensome or expensive, taking into account the needs of the
case, the amount in controversy, limitations on the parties'
resources, and the importance of the issues at stake in the
litigation. The court may act upon its own initiative after
reasonable notice to counsel of record or pursuant to a motion
under subdivision (c).
(2) Insurance Agreements. A party may obtain discovery of
the existence and contents of any insurance agreement under
which any person (which includes any individual, corporation,
partnership or other association) carrying on an insurance
business may be liable to satisfy part or all of a judgment
which may be entered in the action or to indemnify or
reimburse for payments made to satisfy the judgment.
Information concerning the insurance agreement is not by
reason of disclosure admissible in evidence at trial. For
purposes of this paragraph, an application for insurance shall
not be treated as part of an insurance agreement.
(3) Trial Preparation: Materials. Subject to the provisions
of subdivision (b)(4) of this Rule, a party may obtain
discovery of documents and tangible things otherwise
discoverable under subdivision (b)(1) of this Rule and
prepared in anticipation of litigation or for trial by or for
another party or by or for that other party's representative
(including his attorney, consultant, surety, indemnitor,
insurer, or agent) only upon a showing that the party seeking
discovery has substantial need of the materials in the
preparation of his case and that he is unable without undue
hardship to obtain the substantial equivalent of the materials
by other means. In ordering discovery of such materials when
the required showing has been made, the court shall protect
against disclosure of the mental impressions, conclusions,
opinions, or legal theories of an attorney or other
representative of a party concerning the litigation.
A party may obtain without the required showing a statement
concerning the action or its subject matter previously made
by that party. Upon request, a person not a party may obtain
without the required showing a statement concerning the
action or its subject matter previously made by that person.
If the request is refused, the person may move for a court
order. The provisions of Rule 4:12(a)(4) apply to the award
of expenses incurred in relation to the motion. For purposes
of this paragraph, a statement previously made is (A) a
written statement signed or otherwise adopted or approved by
the person making it, or (B) a stenographic, mechanical,
electrical, or other recording, or a transcription thereof,
which is a substantially verbatim recital of an oral
statement by the person making it and contemporaneously
recorded.
(4) Trial Preparation: Experts; Costs — Special Provisions
for Eminent Domain Proceedings. Discovery of facts known and
opinions held by experts, otherwise discoverable under the
provisions of subdivision (b)(1) of this Rule and acquired
or developed in anticipation of litigation or for trial, may
be obtained only as follows:
(A) (i) A party may through interrogatories require any
other party to identify each person whom the other party
expects to call as an expert witness at trial, to state the
subject matter on which the expert is expected to testify,
and to state the substance of the facts and opinions to
which the expert is expected to testify and a summary of the
grounds for each opinion, (ii) A party may depose any person
who has been identified as an expert whose opinion may be
presented at trial, subject to the provisions of
subdivision (b)(4)(C) of this Rule concerning fees and
expenses, (iii) Upon motion, the court may order further
discovery by other means, subject to such restrictions as to
scope and such provisions, pursuant to subdivision (b)(4)(C)
of this Rule, concerning fees and expenses as the court may
deem appropriate.
(B) A party may discover facts known or opinions held by an
expert who has been retained or specially employed by
another party in anticipation of litigation or preparation
for trial and who is not expected to be called as a witness
at trial, only upon a showing of exceptional circumstances
under which it is impracticable for the party seeking
discovery to obtain facts or opinions on the same subject by
other means.
(C) Unless manifest injustice would result, (i) the court
shall require that the party seeking discovery pay the
expert a reasonable fee for time spent and expenses incurred
in responding to discovery under subdivisions (b)(4)(A)(ii),
(b)(4)(A)(iii), and (b)(4)(B) of this Rule; and (ii) with
respect to discovery obtained under
subdivision (b)(4)(A)(iii) of this Rule the court may
require, and with respect to discovery obtained under
subdivision (b)(4)(B) of this Rule the court shall require,
the party seeking discovery to pay the other party a fair
portion of the fees and expenses reasonably incurred by the
latter party in obtaining facts and opinions from the
expert.
(D) Notwithstanding the provisions of subdivision (b)(4)(C)
of this Rule, the condemnor in eminent domain proceedings,
when it initiates discovery, shall pay all costs thereof,
including without limitation the cost and expense of those
experts discoverable under subdivision (b) of this Rule. The
condemnor shall be deemed to have initiated discovery if it
uses, or gives notice of the use of, any discovery method
before the condemnee does so, even though the condemnee
subsequently engages in discovery.
(5) Limitations on Discovery in Certain Proceedings. In any
proceeding (1) for separate maintenance, divorce, or
annulment of marriage, (2) for the exercise of the right of
eminent domain, or (3) for a writ of habeas corpus or in the
nature of coram nobis; (a) the scope of discovery shall
extend only to matters which are relevant to the issues in
the proceeding and which are not privileged; and (b) no
discovery shall be allowed in any proceeding for a writ of
habeas corpus or in the nature of coram nobis without prior
leave of the court, which may deny or limit discovery in any
such proceeding. In any proceeding for divorce or annulment
of marriage, a notice to take depositions must be served in
the Commonwealth by an officer authorized to serve the same,
except that, in cases where such suits have been commenced
and an appearance has been made on behalf of the defendant
by counsel, notices to take depositions may be served in
accordance with Rule 1:12.
(6) Claims of Privilege or Protection of Trial Preparation
Materials, (i) When a party withholds information otherwise
discoverable under these rules by claiming that it is
privileged or subject to protection as trial preparation
material, the party shall make the claim expressly and shall
describe the nature of the documents, communications, or
things not produced or disclosed in a manner that, without
revealing information itself privileged or protected, will
enable other parties to assess the applicability of the
privilege or protection.
(ii) If a party believes that a document or electronically
stored information that has already been produced is
privileged or its confidentiality is otherwise protected the
producing party may notify any other party of such claim and
the basis for the claimed privilege or protection. Upon
receiving such notice, any party holding a copy of the
designated material shall sequester or destroy its copies
thereof, and shall not duplicate or disseminate such
material pending disposition of the claim of privilege or
protection by agreement, or upon motion by any party. If a
receiving party has disclosed the information before being
notified of the claim of privilege or other protection, that
party must take reasonable steps to retrieve the designated
material. The producing party must preserve the information
until the claim of privilege or other protection is
resolved.
(7) Electronically Stored Information. A party need not
provide discovery of electronically stored information from
sources that the party identifies as not reasonably
accessible because of undue burden or cost. On motion to
compel discovery or for a protective order, the party from
whom discovery is sought must show that the information is
not reasonably accessible because of undue burden or cost.
If that showing is made, the court may nonetheless order
discovery from such sources if the requesting party shows
good cause, considering the limitations of Rule 4:1(b)(1).
The court may specify conditions for the discovery,
including allocation of the reasonable costs thereof.
(8) Pre-Motion Negotiation. A motion under this Rule must be
accompanied by a certification that the movant has in good
faith conferred or attempted to confer with other affected
parties in an effort to resolve the dispute without court
action.
(c) Protective Orders. — Upon motion by a party or by
the person from whom discovery is sought, accompanied by a
certification that the movant has in good faith conferred or
attempted to confer with other affected parties in an effort
to resolve the dispute without court action, and for good
cause shown, the court in which the action is pending or
alternatively, on matters relating to a deposition, the
court in the county or city where the deposition is to be
taken, may make any order which justice requires to protect
a party or person from annoyance, embarrassment, oppression,
or undue burden or expense, including one or more of the
following: (1) that the discovery not be had; (2) that the
discovery may be had only on specified terms and conditions,
including a designation of the time or place; (3) that the
discovery may be had only by a method of discovery other
than that selected by the party seeking discovery; (4) that
certain matters not be inquired into, or that the scope of
the discovery be limited to certain matters; (5) that
discovery be conducted with no one present except persons
designated by the court; (6) that a deposition after being
sealed be opened only by order of the court; (7) that a
trade secret or other confidential research, development, or
commercial information not be disclosed or be disclosed only
in a designated way; (8) that the parties simultaneously
file specified documents or information enclosed in sealed
envelopes to be opened as directed by the court.
If the motion for a protective order is denied in whole or
in part, the court may, on such terms and conditions as are
just, order that any party or person provide or permit
discovery. The provisions of Rule 4:12(a)(4) apply to the
award of expenses incurred in relation to the motion.
(d) Sequence and Timing of Discovery. — Unless the
court upon motion, for the convenience of parties and
witnesses and in the interests of justice, orders otherwise,
methods of discovery may be used in any sequence and the
fact that a party is conducting discovery, whether by
deposition or otherwise, shall not operate to delay any
other party's discovery.
(e) Supplementation of Responses. — A party who has
responded to a request for discovery is under a duty to
supplement or correct the response to include information
thereafter acquired in the following circumstances.
(1) A party is under a duty promptly to amend and/or
supplement all responses to discovery requests directly
addressed to (A) the identity and location of persons having
knowledge of discoverable matters, and (B) the identity of
each person expected to be called as an expert witness at
trial, the subject matter on which the expert is expected to
testify, and the substance of the expert's testimony, when
additional or corrective information becomes available.
(2) A party is under a duty promptly to amend and/or
supplement all other prior responses to interrogatories,
requests for production, or requests for admission if the
party learns that any such response is in some material
respect incomplete or incorrect and if the additional or
corrective information has not otherwise been made known to
the other parties during the discovery process or in
writing.
(3) A court may order, or the parties may agree to provide,
supplementation in addition to that required in
subsections (1) and (2) of this subpart (e).
(4) A party may supplement a prior discovery response by
filing an updated response labelled "Supplemental" or
"Amended", or by otherwise notifying all other parties of
the updated information in writing, signed by counsel of
record.
(f) Service Under This Part. — Except for the service
of the notice required under Rule 4:2(a)(2), any notice or
document required or permitted to be served under this
Part Four shall be served as provided in Rule 1:12 except
that any notice or document permitted to be served with the
initial pleading shall be served (or accepted) in the same
manner as such pleading.
(g) Signing of Discovery Requests, Responses, and
Objections. — Every request for discovery or response or
objection thereto made by a party represented by an attorney
shall be signed by at least one attorney of record in the
attorney's individual name, whose address shall be stated. A
party who is not represented by an attorney shall sign the
request, response, or objection, and state the party's
address. The signature of the attorney or party constitutes
a certification that the signer has read the request,
response, or objection, and that to the best of the signer's
knowledge, information, and belief formed after a reasonable
inquiry it is: (1) consistent with these Rules and warranted
by existing law or a good faith argument for extension,
modification, or reversal of existing law; (2) not
interposed for any improper purpose, such as to harass or to
cause unnecessary delay or needless increase in the cost of
litigation; and (3) not unreasonable or unduly burdensome or
expensive, given the needs of the case, the discovery
already had in the case, the amount in controversy and the
importance of the issues at stake in the litigation. If a
request, response, or objection is not signed, it shall be
stricken unless it is signed promptly after the omission is
called to the attention of the party making the request,
response, or objection, and a party shall not be obligated
to take any action with respect to it until it is signed.
If a certification is made in violation of the rule, the
court, upon motion or upon its own initiative, shall impose
upon the person who made the certification, the party on
whose behalf the request, response, or objection is made, or
both, an appropriate sanction, which may include an order to
pay the amount of the reasonable expenses incurred because
of the violation, including a reasonable attorney's fee.
Rule 4:5. Depositions Upon Oral Examination.
(a) When Depositions May Be Taken. — After
commencement of the action, any party may take the testimony
of any person, including a party, by deposition upon oral
examination. Leave of court, granted with or without notice,
must be obtained only if the plaintiff seeks to take a
deposition before the expiration of the period within which
a defendant may file a responsive pleading under Rule 3:8,
except that leave is not required (1) if a defendant has
served a notice of taking deposition, or (2) if special
notice is given as provided in subdivision (b)(2) of this
Rule. The attendance of witnesses may be compelled by
subpoena. The deposition of a person confined in prison may
be taken only by leave of court on such terms as the court
prescribes.
(a1) Taking of Depositions.
(i) Party Depositions. A deposition of a party, or any
witness designated under Rule 4:5(b)(6) to testify on behalf
of a party, shall be taken in the county or city in which
suit is pending, in an adjacent county or city, at a place
upon which the parties agree, or at a place that the court
in such suit may, for good cause, designate. Good cause may
include the expense or inconvenience of a non-resident party
defendant appearing in one of the locations specified in
this subsection. The restrictions as to parties set forth in
this subdivision (al)(i) shall not apply where no responsive
pleading has been filed or an appearance otherwise made.
(ii) Non-party Witness Depositions. Unless otherwise
provided by the law of the jurisdiction where a non-party
witness resides, a deposition of a non-party witness shall
be taken in the county or city where the non-party witness
resides, is employed, or has a principal place of business;
at a place upon which the witness and the parties to the
litigation agree; or at a place that the court may, for good
cause, designate.
(iii) Taking Depositions Outside the State. Within another
state, or within a territory or insular possession subject
to the dominion of the United States, or in a foreign
country, depositions may be taken (1) on notice before a
person authorized to administer oaths in the place in which
the examination is held, either by the law thereof or, where
applicable, the law of the United States, or (2) before a
person appointed or commissioned by the court in which the
action is pending, and such a person shall have the power by
virtue of such appointment or commission to administer any
necessary oath and take testimony, or (3) pursuant to a
letter rogatory. A commission or letter rogatory shall be
issued upon application and notice and on terms that are
just and appropriate. It is not requisite to the issuance of
a commission or a letter rogatory that the taking of the
deposition in any other manner is impracticable or
inconvenient. A notice or commission may designate the
person before whom the deposition is to be taken either by
name or descriptive title. A commission or letter rogatory
may be addressed "To the Appropriate Authority in (here name
the state, territory, or country)." Witnesses may be
compelled to appear and testify at depositions taken outside
this state by process issued and served in accordance with
the law of the jurisdiction where the deposition is taken
or, where applicable, the law of the United States. Upon
motion, the courts of this State shall issue a commission or
letter rogatory requesting the assistance of the courts or
authorities of the foreign jurisdiction.
(iv) Uniform Interstate Depositions and Discovery Act.
Depositions and related documentary production sought in
Virginia pursuant to a subpoena issued under the authority
of a foreign jurisdiction shall be subject to the provisions
of the Uniform Interstate Depositions and Discovery Act,
Virginia Code §§ 8.01-412.8 through 8.01-412.15.
(b) Notice of Examination: General Requirements; Special
Notice; Production of Documents and Things; Deposition of
Organization. — (1) A party desiring to take the
deposition of any person upon oral examination shall give
reasonable notice in writing to every other party to the
action. The notice shall state the time and place for taking
the deposition and the name and address of each person to be
examined, if known, and, if the name is not known, a general
description sufficient to identify him or the particular
class or group to which he belongs. If a subpoena duces
tecum is to be served on the person to be examined, the
designation of the materials to be produced as set forth in
the subpoena shall be attached to or included in the notice.
(2) Leave of court is not required for the taking of a
deposition by plaintiff if the notice (A) states that the
person to be examined is about to go out of the
Commonwealth, or is about to go out of the United States, or
is bound on a voyage to sea, and will be unavailable for
examination unless his deposition is taken before expiration
of the period for filing a responsive pleading under
Rule 3:8, and (B) sets forth facts to support the statement.
The plaintiffs attorney shall sign the notice, and his
signature constitutes a certification by him that to the
best of his knowledge, information, and belief the statement
and supporting facts are true.
If a party shows that when he was served with notice under
this subdivision (b)(2) he was unable through the exercise
of diligence to obtain counsel to represent him at the
taking of the deposition, the deposition may not be used
against him.
(3) The court may for cause shown enlarge or shorten the
time for taking the deposition.
(4) [Deleted.]
(5) The notice to a party deponent may be accompanied by a
request made in compliance with Rule 4:9 for the production
of documents and tangible things at the taking of the
deposition. The procedure of Rule 4:9 shall apply to the
request.
(6) A party may in his notice name as the deponent a public
or private corporation or a partnership or association or
governmental agency and designate with reasonable
particularity the matters on which examination is requested.
The organization so named shall designate one or more
officers, directors, or managing agents, or other persons
who consent to testify on its behalf, and may set forth, for
each person designated, the matters on which he will
testify. The persons so designated shall testify as to
matters known or reasonably available to the organization.
This subdivision (b)(6) does not preclude taking a
deposition by any other procedure authorized in these Rules.
(7) Unless the court orders otherwise, a deposition may be
taken by telephone, video conferencing, or teleconferencing.
A deposition taken by telephone, video conferencing, or
teleconferencing shall be taken before an appropriate
officer in the locality where the deponent is present to
answer questions propounded to him.
(c) Examination and Cross-Examination; Record of
Examination; Oath; Objections. — Examination and
cross-examination of witnesses may proceed as permitted at
the trial. The officer before whom the deposition is to be
taken shall put the witness on oath and shall personally, or
by someone acting under his direction and in his presence,
record the testimony of the witness. If requested by one of
the parties, the testimony shall be transcribed.
All objections made at time of the examination to the
qualifications of the officer taking the deposition, or to
the manner of taking it, or to the evidence presented, or to
the conduct of any party, and any other objection to the
proceedings, shall be noted by the officer upon the
deposition. Evidence objected to shall be taken subject to
the objections. In lieu of participating in the oral
examination, parties may serve written questions in a sealed
envelope on the party taking the deposition and he shall
transmit them to the officer, who shall propound them to the
witness and record the answers verbatim.
(d) Motion to Terminate or Limit Examination. — At
any time during the taking of the deposition, on motion of a
party or of the deponent and upon a showing that the
examination is being conducted in bad faith or in such
manner as unreasonably to annoy, embarrass, or oppress the
deponent or party, the court in which the action is pending
or the court in the county or city where the deposition is
being taken may order the officer conducting the examination
to cease forthwith from taking the deposition, or may limit
the scope and manner of the taking of the deposition as
provided in Rule 4.1(c). If the order made terminates the
examination, it shall be resumed thereafter only upon the
order of the court in which the action is pending. Upon
demand of the objecting party or deponent, the taking of the
deposition shall be suspended for the time necessary to make
a motion for an order. The provisions of Rule 4.12(a)(4)
apply to the award of expenses incurred in relation to the
motion.
(e) Submission to Witness; Changes; Signing. — When
the testimony is fully transcribed, the deposition shall be
submitted to the witness for examination and shall be read
to or by him, unless such examination and reading are waived
by the witness and by the parties. Any changes in form or
substance which the witness desires to make shall be entered
upon the deposition by the officer with a statement of the
reasons given by the witness for making them. The deposition
shall then be signed by the witness, unless the parties by
stipulation waive the signing or the witness is ill or
cannot be found or refuses to sign. If the deposition is not
signed by the witness within 21 days of its submission to
him, the officer shall sign it and state on the record the
fact of the waiver or of the illness or absence of the
witness or the fact of the refusal to sign together with the
reason, if any, given therefor; and the deposition may then
be used as fully as though signed unless on a motion to
suppress under Rule 4:7(d)(4) the court holds that the
reasons given for the refusal to sign require rejection of
the deposition in whole or in part.
(f) Certification and Filing by Officer; Exhibits;
Copies; Notice of Filing.
(1) The officer shall certify on the deposition that the
witness was duly sworn by him and that the deposition is a
true record of the testimony given by the witness. In a
divorce or annulment case, he shall then promptly file the
deposition in the office of the clerk, notifying all other
parties of such action. In all other cases, he shall then
lodge it with the attorney for the party who initiated the
taking of the deposition, notifying the clerk and all
parties of such action. Depositions taken pursuant to this
Rule or Rule 4:6 (except depositions taken in divorce and
annulment cases) shall not be filed with the clerk until the
court so directs, either on its own initiative or upon the
request of any party prior to or during the trial.
Documents and things produced for inspection during the
examination of the witness, shall, upon the request of a
party, be marked for identification and annexed to and
returned with the deposition, and may be inspected and
copied by any party, except that (A) the person producing
the materials may substitute copies to be marked for
identification, if he affords to all parties fair
opportunity to verify the copies by comparison with the
originals, and (B) if the person producing the materials
requests their return, the officer shall mark them, give
each party an opportunity to inspect and copy them, and
return them to the person producing them, and the materials
may then be used in the same manner as if annexed to and
returned with the deposition. Any party may move for an
order that the original be annexed to and returned with the
deposition to the court, pending final disposition of the
case.
(2) Upon payment of reasonable charges therefor, the officer
shall furnish a copy of the deposition to any party or to
the deponent.
(3) The party taking the deposition shall give prompt notice
of its filing to all other parties.
(g) Failure to Attend or to Serve Subpoena;
Expenses. — (1) If the party giving the notice of the
taking of a deposition fails to attend and proceed therewith
and another party attends in person or by attorney pursuant
to the notice, the court may order the party giving the
notice to pay to such other party the reasonable expenses
incurred by him and his attorney in attending, including
reasonable attorney's fees.
(2) If the party giving the notice of the taking of a
deposition of a witness fails to serve a subpoena upon him
and the witness because of such failure does not attend, and
if another party attends in person or by attorney because he
expects the deposition of that witness to be taken, the
court may order the party giving the notice to pay to such
other party the reasonable expenses incurred by him and his
attorney in attending, including reasonable attorney's fees.
Rule 4:8. Interrogatories to Parties.
(a) Availability; Procedures for Use. — Any party may
serve upon any other party written interrogatories to be
answered by the party served or, if the party served is a
public or private corporation or a partnership or
association or governmental agency, by any officer or agent,
who shall furnish such information as is available to the
party. Interrogatories may, without leave of court, be
served upon the plaintiff after commencement of the action
and upon any other party with or after service of the
complaint upon that party.
(b) Form. — The party answering the interrogatories
shall restate each question, by photocopying it or
otherwise, then insert the word "Answer" and immediately
thereafter state the response to that question. The
answering party shall attach the necessary oath and
certificate of service to the answers.
(c) Filing. — The interrogatories and answers and
objections thereto shall not be filed in the office of the
clerk unless the court directs their filing on its own
initiative or upon the request of any party prior to or
during the trial. For the purpose of any consideration of
the sufficiency of any answer or any other question
concerning the interrogatories, answers or objections,
copies of those documents shall be made available to the
court by counsel.
(d) Answers. — Each interrogatory shall be answered
separately and fully in writing under oath, unless it is
objected to, in which event the reasons for objection shall
be stated in lieu of an answer. The answers are to be signed
by the person making them, and the objections signed by the
attorney making them. The party upon whom the
interrogatories have been served shall serve a copy of the
answers, and objections if any, within 21 days after the
service of the interrogatories, except that a defendant may
serve answers or objections within 28 days after service of
the bill of complaint or motion for judgment upon that
defendant. The court may allow a shorter or longer time. The
party submitting the interrogatories may move for an order
under Rule 4:12(a) with respect to any objection to or other
failure to answer an interrogatory.
(e) Scope; Use. — Interrogatories may relate to any
matters which can be inquired into under Rule 4:1(b), and
the answers may be used to the extent permitted by the
rules of evidence and for the purposes of Rule 3:20. Only
such interrogatories and the answers thereto as are offered
in evidence shall become a part of the record.
An interrogatory otherwise proper is not necessarily
objectionable merely because an answer to the interrogatory
involves an opinion or contention that relates to fact or
the application of law to fact, but the court may order that
such an interrogatory need not be answered until after
designated discovery has been completed or until a pre-trial
conference or other later time.
(f) Option to Produce Business Records. — Where the
answer to an interrogatory may be derived or ascertained
from the business records, including electronically stored
information, of the party upon whom the interrogatory has
been served or from an examination, audit or inspection of
such business records, or from a compilation, abstract or
summary based thereon, and the burden of deriving or
ascertaining the answer is substantially the same for the
party serving the interrogatory as for the party served, it
is a sufficient answer to such interrogatory to specify the
records from which the answer may be derived or ascertained
and to afford to the party serving the interrogatory
reasonable opportunity to examine, audit or inspect such
records and to make copies, compilations, abstracts or
summaries. A specification shall be in sufficient detail to
permit the interrogating party to locate and to identify, as
readily as can the party served, the records from which the
answer may be ascertained. A specification of electronically
stored information may be made under this Rule if the
information will be made available in a reasonably usable
form or forms.
(g) Limitation on Interrogatories. — No party shall
serve upon any other party, at any one time or cumulatively,
more than thirty written interrogatories, including all
parts and sub-parts without leave of court for good cause
shown.
