Litigation Documents and Work Product
Core Documents
Drafts are prepared by counsel, circulated to the client for factual verification, and revised before service. Interrogatory answers require the party's verification under oath.
Drafts are work product until served.
Alternative Names:
Draft Discovery Responses, Response Draft
Why it Matters?
Client verification is a substantive step rather than a formality, since the party signs interrogatory answers under oath and bears the consequences of inaccuracy. Counsel who prepare answers from the file without confirming them with the person verifying create exposure for both. The supplementation obligation also means drafts and the verification process should be documented, since answers accurate when served may require correction later.
Frequently Confused with
Related terms
Frequently asked questions
Who verifies interrogatory answers?
Why document the verification process?
