Rule 33 of the Code of Evidence can be a lifesaver whether you are a prosecutor or an attorney. This Rule is about the proper way to answer and supplement answers to interrogatories. Essentially, the Rule states that you must always allow the respondent to explain their answer. If the respondent is unsatisfied with the response, they have the right to request a new trial.
During a lawsuit, parties to a case are required to answer interrogatories. This process is referred to as discovery. Usually, the answers are privileged and are protected by the work product doctrine. However, they can be objected to by a party. Therefore, the objecting party must state why it objects to the interrogatory and what grounds it has for objection.
Rule 33 was revised to improve the procedures for answering interrogatories. The revised Rule gives an initial thirty-day period to answer the original interrogatories. In addition, the revision allows other answers to be filed within 30 days of the order requiring different solutions.
The revisions to Rule 33 aimed to establish a more rational procedure for answering interrogatories. The amendments eliminated the requirement that a party file an agreement to extend the response time. Instead, a party may file a motion for an extension of time. This motion must be heard within thirty days of filing.
Objections to interrogatories
Objections to interrogatories under Rule 33 are typically made for reasons ranging from a broad scope to an unduly burdensome request. The responding party must state the specific grounds for objection and why it is insufficient to serve a complete answer.
An objection may also be raised at trial. If the deponent is present, the complaint will result in the exclusion of evidence. However, if the witness is absent, the complaint is not a legal reason to exclude the evidence.
Parties must give the interrogating party a reasonable opportunity to examine the records. They must also provide a chance to prepare a summary and copies of responsive documents. They may not serve more than thirty interrogatories.
If the party objecting to an interrogatory has not yet served an answer, the interrogating party must serve an additional 30 days to serve the objection. At that point, the responding party has 45 days to file an answer. During this time, the response may be postponed until the defendant objects. The respondent must then state whether the objection is whole or part.
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Obtaining a new trial
Obtaining a new trial under rule 33 is a legal procedure that allows a judge to correct errors and erroneous rulings during a trial. It is a way to ensure that a defendant is treated fairly in the criminal justice system. It is also a means of protecting a defendant’s constitutional rights.
To obtain a new trial under rule 33, a defendant must file a motion within seven days of the trial court finding him guilty of the crime. A defendant may seek an extension of time to file a motion. The court may also direct the party to file a motion.
The defendant may also obtain a new trial under rule 33 if the jury’s verdict is against the weight of the evidence. This is known as the “manifest weight of the evidence” case.
In California, the civil code section 64 C. 61 prohibits attorneys from making an improper argument during a trial. Similarly, the state of California has civil code 83 C. 702 that addresses a defendant’s failure to make a defense.