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Roger, Lawyer
Category: Employment Law
Satisfied Customers: 31765
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can I serve interrogatories to employees of the corporation

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Can I serve interrogatories to employees of the corporation that I have a case with?
Which California Code shall apply?
If not how can I craft interrogatories to the corporation for getting a response from those employees?
Hi - my name is XXXXX XXXXX I'm a Business litigation attorney. Thanks for your question.

Unfortunately, you cannot direct interrogatories to an employee of a corporation that you're involved in litigation with. Instead, the questions have to be posed to the corporation.

You could frame interrogatories where they ask for information that the company has about these individuals. For instance, you could ask something like "Please state John Doe's role in the _______________ (identify what you suspect this person did). Then, the corporation would have to seek that information from the person. Similarly, you could ask something like "What documents/information contain signatures of John Doe", etc. Thus, you can ask particular questions about what the CORPORATION knows about the acts of this employee. That's the only way to target facts related to a certain employee. You can also ask for the names of all employees the corporation knows of that has information about the facts of your case AND what the corporation believes they know.

Also, you have the right to take the deposition of any employee you wish. Thus, you can issue a deposition notice for any employee and ask them whatever questions you want at that juncture. This information is also considered discovery and you can use the deposition transcript at trial.
Customer: replied 4 years ago.

Can I ask the employee who was involved in the security system of the bank to admit that he/she stated certain facts to me the day we were asked to go to the bank and be informed of burglary in which our safe deposit box was burglarized?

Please be aware that I have already used 35 special interrogatories, and 35 admissions in set one of each. Similarly they have not been disclosing the name of their Officer who yelled at us on phone while we were in the bank. They have mentioned that no body even talked to us with that designation. They stated some one else name. Now I have found in my records the person's name and his position, should I specify and ask them to state that that particular employee's statement regarding this. How should I put it? Some employees have been terminated, how can I have interrogatories for those employees. At one time we had made some statements mentioning those employees and those have been terminated now. How should I handle this situation?

Yes, you can ask the employer who was involved in the security system. Also you can ask the corporation to admit that this employee made the statement you allege, but that's about it because you can't ask the employer what the employee knows - - only the employee can answer that.

You're much better off to take the depositions of the particular employees/former employees you want information from as opposed to asking the corporation what it knows about what that employee knows.
Customer: replied 4 years ago.

How do I have interrogatories or admissions if I have already asked 35 questions in each category. Although these shall be related to the ones that the attorney did not respond properly.

Also is it possible that I can meet you and get further guidance. Of course for that I shall pay extra.

If you've already used up your allowed interrogatories, you would have to file a motion with the court to and ask that you be allowed additional interrogatories. Alternatively, you simply can take depositions of the people you want answers from, which will give you better information anyway.
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