In dispute resolution, there are certain means through which a court of competent jurisdiction can be made aware of material facts vital to the determination of a suit. The most important of such means under Nigerian law are Interrogatories, Inspections, Discoveries & Subpoenas.
This constitutes the basis of this article which will be focused on :-
- The definitions, purposes and admissibility of interrogatories.
- The definition & purposes of discoveries.
- The process of inspection and its uses.
- The definition, categories and uses of subpoenas under Nigerian law.
What are Interrogatories?
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Interrogatories are formal compilations of written questions propounded by one litigant & requested to be replied usually at the case management conference stage, by an opposing party for the purpose of clarifying matters of facts and the advance determination of which facts are to be presented at the trial stage of a suit.
What are the purposes of interrogatories?
Interrogatories are for the purposes of :-
– Supporting the case of the interrogating party.
– Weakening the case of the interrogated party.
– Ascertaining the opponent’s case.
– The placing of facts on records that cannot be denied.
How are interrogatories to be answered?
Interrogatories are to be answered via affidavits.
Are there interrogatories that would be deemed inadmissible?
The following forms of interrogatories would be inadmissible :-
- Questions on the credit worthiness of a witness
- Evidence to be adduced at trial by the other party
- Fishing (insinuation/proving) interrogatories
- Disclosures of trade secrets
- Contents of documents to be proved by a notice to produce
What are inspections?
Inspections are discovery procedures by way of requests of documents in the possession of another party needed for the successful conclusion of a party’s case.
What are examples of valid objections to inspections?
Examples of valid objections to inspection include :-
– Privileged documents
– Incriminating documents
– Public interest
– Documents marked “Without Prejudice”
– Privileged communications e.g. between lawyers and their clients
What is the procedure for an inspection?
An inspection procedure is to be commenced by a motion on notice.
What are the grounds for granting an application for inspection?
Applications for Inspections can be granted where:-
- The court is satisfied about the necessity for the inspection.
- The inspection is not vexatious or oppressive.
- The document to be inspected allows an applicant to advance his case or weaken the others.
- The document is not mainly directed at the respondent’s credibility.
- The documents to be inspected are shown to be relevant to the suit.
- The applicant is a party to the matter.
What is a subpoena?
A subpoena is a form of a notice to produce involving the production of a testimony and/or the testimony of the party on whom the subpoena is served.
What are the types of subpoena allowed under Nigerian law?
Subpoenas can be either:-
– Subpoena Duces Tecum(notices to simply produce a required document)
– Subpoena Ad Testificadum (notices to produce and testify).