California Civil Jury Instructions (CACI)

209. Use of Interrogatories of a Party

Before trial, each party has the right to ask the other parties to answer written questions. These questions are called interrogatories. The answers are also in writing and are given under oath. You must consider the questions and answers that were read to you the same as if the questions and answers had been given in court.

New September 2003

Sources and Authority

  • Code of Civil Procedure section 2030.410 provides: “At the trial or any other hearing in the action, so far as admissible under the rules of evidence, the propounding party or any party other than the responding party may use any answer or part of an answer to an interrogatory only against the responding party. It is not ground for objection to the use of an answer to an interrogatory that the responding party is available to testify, has testified, or will testify at the trial or other hearing.”
  • “Admissions contained in depositions and interrogatories are admissible in evidence to establish any material fact.” (Leasman v. Beech Aircraft Corp. (1975) 48 Cal.App.3d 376, 380 [121 Cal.Rptr. 768].)

Secondary Sources

3 Witkin, California Evidence (4th ed. 2000) Presentation at Trial, § 163

7 Witkin, California Procedure (4th ed. 1997) Trial, § 304, p. 351

1A California Trial Guide, Unit 20, Procedural Rules for Presentation of Evidence, § 20.50 (Matthew Bender)

16 California Forms of Pleading and Practice, Ch. 194, Discovery: Interrogatories, § 194.26 (Matthew Bender)

Matthew Bender Practice Guide: California Civil Discovery, Ch. 9, Interrogatories, 9.29