First and foremost, when creating any discovery document, use any form books and templates that the firm might have. However, there will be times when no previously existing form quite fits the matter being litigated, or the form you find needs substantial alteration. These techniques are designed to give the paralegal a framework for creating your discovery documents.
Technique One:
Personal Information. Build a profile of the opposing party.
EXAMPLE:
1. Provide your full name, address, home and work phone number, and Social Security number.
2 . Provide the names of all those involved in responding to these interrogatories.
3. Provide a general statement as to your position in this action.
Technique Two:
Financial Considerations. Establish the ability of the opposing Party to pay damages which may result from the litigation. Look for assets in three areas:
EXAMPLE:
4. Assets of the Party (property, Certificates of Deposits, etc.)
5. Assets which the Party has an interest in (wills, insurance beneficiaries, etc.)
6. Assets the party has no direct interest in, but which may be relevant to litigation (spouse’s property, insurance directly covering damages, business liability, etc.)
7. Are you a beneficiary to any insurance policies? If yes, provide the following:
a. Name of Policy Holder.
b. Name of insurance company.
c. Policy number.
d. Your relationship to Policy Holder.
Technique Three:
Facts pertaining to the case. Ask detailed questions regarding the matter before the court. (Who? What? When? Where? Why?)
EXAMPLE:
8. What was your response when you first saw the Plaintiff, your wife’s lover, on the corner?
9. How did the Plaintiff react when he saw you?
10. In what manner did the Plaintiff approach you?
11. When the Plaintiff first started to approach you, what was your reaction?
12.. What occurred when the Plaintiff offered to shake your hand?
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