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Form Interrogatories-Employment Law DISC-002 - California
| Form Interrogatories-Employment Law Form. This is a California form and can be used in Discovery Judicial Council . |
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DISC-002 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SHORT TITLE: FORM INTERROGATORIES EMPLOYMENT LAW Asking Party: Answering Party: Set No.: CASE NUMBER: Sec. 1. Instructions to All Parties (a) Interrogatories are written questions prepared by a party to an action that are sent to any other party in the action to be answered under oath. The interrogatories below are form interrogatories approved for use in employment cases. (b) For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections 2030.0102030.410 and the cases construing those sections. (c) These form interrogatories do not change existing law relating to interrogatories nor do they affect an answering party's right to assert any privilege or make any objection. Sec. 2. Instructions to the Asking Party (a) These form interrogatories are designed for optional use by parties in employment cases. (Separate sets of interrogatories, Form Interrogatories--General (form DISC-001) and Form Interrogatories--Limited Civil Cases (Economic Litigation) (form DISC-004) may also be used where applicable in employment cases.) (b) Insert the names of the EMPLOYEE and EMPLOYER to whom these interrogatories apply in the definitions in sections 4(d) and (e) below. (c) Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing those interrogatories that are applicable to the case. (d) The interrogatories in section 211.0, Loss of Income Interrogatories to Employer, should not be used until the employer has had a reasonable opportunity to conduct an investigation or discovery of the employee's injuries and damages. (e) Additional interrogatories may be attached. Sec. 3. Instructions to the Answering Party (a) You must answer or provide another appropriate response to each interrogatory that has been checked below. (b) As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See Code of Civil Procedure sections 2030.2602030.270 for details. Form Approved for Optional Use Judicial Council of California DISC-002 [Rev. January 1, 2009] (c) Each answer must be as complete and straightforward as the information reasonably available to you permits. If an interrogatory cannot be answered completely, answer it to the extent possible. (d) If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party. (e) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found. (f) Whenever an address and telephone number for the same person are requested in more than one interrogatory, you are required to furnish them in answering only the first interrogatory asking for that information. (g) If you are asserting a privilege or making an objection to an interrogatory, you must specifically assert the privilege or state the objection in your written response. (h) Your answers to these interrogatories must be verified, dated, and signed. You may wish to use the following form at the end of your answers: I declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct. (DATE) (SIGNATURE) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (a) PERSON includes a natural person, firm, association, organization, partnership, business, trust, limited liability company, corporation, or public entity. Page 1 of 8 Code of Civil Procedure, §§ 2030.0102030.410, 2033.710 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com FORM INTERROGATORIESEMPLOYMENT LAW DISC-002 (b) YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf. (c) EMPLOYMENT means a relationship in which an EMPLOYEE provides services requested by or on behalf of an EMPLOYER, other than an independent contractor relationship. (d) EMPLOYEE means a PERSON who provides services in an EMPLOYMENT relationship and who is a party to this lawsuit. For purposes of these interrogatories, EMPLOYEE refers to (insert name): Sec. 5. Interrogatories The following interrogatories for employment law cases have been approved by the Judicial Council under Code of Civil Procedure section 2033.710: CONTENTS 200.0 Contract Formation 201.0 Adverse Employment Action 202.0 Discrimination Interrogatories to Employee 203.0 Harassment Interrogatories to Employee 204.0 Disability Discrimination 205.0 Discharge in Violation of Public Policy 206.0 Defamation 207.0 Internal Complaints 208.0 Governmental Complaints 209.0 Other Employment Claims by Employee or Against Employer 210.0 Loss of income Interrogatories to Employee 211.0 Loss of income Interrogatories to Employer 212.0 Physical, Mental, or Emotional Injuries-- Interrogatories to Employee 213.0 Other Damages Interrogatories to Employee 214.0 Insurance 215.0 Investigation 216.0 Denials and Special or Affirmative Defenses 217.0 Response to Request for Admissions 200.0 Contract Formation 200.1 Do you contend that the EMPLOYMENT relationship was at "at will"? If so: (a) state all facts upon which you base this contention; state the name, ADDRESS, and telephone (b) number of each PERSON who has knowledge of those facts; and (c) identify all DOCUMENTS that support your contention. (If no name is inserted, EMPLOYEE means all such PERSONS.) (e) EMPLOYER means a PERSON who employs an EMPLOYEE to provide services in an EMPLOYMENT relationship and who is a party to this lawsuit. For purposes of these interrogatories, EMPLOYER refers to (insert name): (If no name is inserted, EMPLOYER means all such PERSONS.) (f) ADVERSE EMPLOYMENT ACTION means any TERMINATION, suspension, demo
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