CA Bicycle Litigation Tip: “Form Interrogatories”
In a bicycle-accident lawsuit brought against a careless or reckless driver, an injured cyclist has the option to use what are referred to as “form interrogatories” (“form rogs”). Interrogatories, or “rogs,” are questions that can be served on the adverse party during the “discovery” phase of a bicycle accident lawsuit in order to find out information. This can help avoid the need for a civil trial, and in those cases where a trial is still necessary, can avoid unpleasant surprises during the trial.
In California, the Judicial Council has very wisely created its own rogs which can be used in most civil cases. These are known as “form” interrogatories. These form rogs are quite easy to use, because they require the asking party to check boxes next to prewritten questions on the form. The primary advantage to form interrogatories is that they do not count, in many cases, towards the rule of 35 for specially prepared interrogatories (an important exception to this is in California “limited” civil cases).
Typically, we will serve form rogs and the adverse driver in every bicycle accident lawsuit that we handle. It is important to note that generally these form rogs cannot be used in a case until after ten days from the service of the summons upon the defendant.