![]() ![]() You can also make a motion to the court for relief to file an amendment to the BOP O BOP and interrogatories are kind of similar in a way. You cannot have both without a court order. O In any action, EXCEPT the matrimonial, you have to choose between whether you Litigant and required to be answered by an adversary in order to clarify matters ofįact and help to determine in advance what facts will be presented at any trial in O In law, interrogatories are a formal set of written questions propounded by one O Now, if you have a mixed case, let’s say you do not have a pure personal injuryĪction, you have an action that is mixed with products liability, that means that theĭ in this case can ask for an EBT and interrogatories, because it is not just anĪction of personal injuries and not pure negligence, and products liability case. you are better ofĬhoosing the EBT, which generally occurs in personal injury actions. Send in another set of interrogatories, it is not as interactive. With interrogatories it is going to be a lot slower, you have to Would always want the EBT, because that is interactive, you can always follow up You have to choose between the 2, and in 99% of time in the cases you O In a personal injury action or in an action of a property damage or a wrongfulĭeath action, you cannot have both an EBT and Interrogatories without a court ![]() Now, couple rules about BOP and other discovery devices: RULE 1: On any affirmative defenses or counterclaims, which means the P can ask the D for With counterclaims and/or affirmative defenses, then the D has the burden of proof Requests a BOP as to certain things that you have a burden of proof on, then you Matters that you have the burden of proof on. So, BOP is an amplification of a pleadings, you have to supply a BOP as to those.Witnesses then you cannot use the witnesses, because they will be precluded at Something for a BOP, but give it to them anyways. like if they ask for if there were any witnesses, well that is not They are going to get them in the discovery anyway, save yourself the trouble ofĭelay of the case by motion practice, fighting back and forth, just give it to them in To be in the BOP but you know this are things that they are going to get anyway, here is the practical, here is your take away: if youĪre a P and you are serving a BOP and D is asking for things that are not supposed So, what happens is, there is a lot of litigation in terms of what is and what is not aĭisclosure device, what is for disclosure and what is not for disclosure, there is a.BOP – is a pleading just like all of the others above it.What is a bill of particulars it is a pleading, it is an amplification of a pleading, it is not a discovery device, although it is common used as a discovery device, it is not a discovery device, it is a pleading. ![]()
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