What is the difference between interrogatories and a deposition?
Interrogatories are written questions answered in writing and under oath, typically drafted with the help of an attorney over days or weeks, while a deposition is live oral testimony given under oath and recorded by a court reporter, with no advance notice of the exact wording of each question. Depositions allow follow-up questions and let attorneys observe a witness's demeanor in real time, while interrogatories are cheaper and useful for gathering basic facts and identifying documents or witnesses. Most litigation uses both discovery tools together.
How Interrogatories Work
Interrogatories are written questions served on the opposing party, who must respond in writing and under oath, usually with substantial input and drafting assistance from their attorney.
Court rules typically limit the number of interrogatories that can be served without special permission, which pushes parties to use them for targeted, foundational questions rather than an exhaustive inquiry.
How Depositions Work
A deposition is oral testimony given live, whether in person or remotely, with a court reporter transcribing everything said and the witness under oath throughout.
Unlike interrogatories, deposition questions aren't provided in advance, and the questioning attorney can ask follow-up questions in real time based on how the witness responds, without a scripted, attorney-drafted answer.
Strengths and Limits of Each Tool
Interrogatories are efficient and relatively inexpensive, well suited to gathering basic facts, identifying relevant documents, and pinning down a party's contentions on specific issues, but responses are often carefully worded with legal help.
Depositions are more costly and time-consuming to conduct, but they're generally better for testing credibility, probing inconsistencies, and getting spontaneous answers that aren't filtered through days of attorney review.
How They Work Together in a Case
Interrogatories are often used earlier in a case to identify witnesses, locate relevant documents, and clarify the other side's basic positions before deeper discovery begins.
Depositions frequently follow, using the information gathered through interrogatories and document production as a foundation for more probing, unscripted questioning that builds out the evidentiary record.
- Which is more useful, interrogatories or a deposition?
- They serve different purposes. Interrogatories are efficient for gathering basic facts and identifying documents or witnesses, while depositions are generally better for testing credibility and getting spontaneous, unscripted answers.
- Do interrogatory answers carry the same weight as deposition testimony?
- Both are given under oath and can be used as evidence, but deposition testimony is often viewed as more revealing since it isn't drafted with the same degree of attorney assistance that written interrogatory responses typically receive.
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