What is the following legal document called?
What legal document can be sent out by a lawyer that asks a defendant questions, and if the defendant does not answer the questions, the defendant is presumed to be guilty? If you know the answer to this, is it possible for a individual to make one on their own and how would one do so? Thank you for your time.
Answers:
Interrogatories are lists of questions sent to opposing parties during civil discovery. There is also a "request for admission" where you ask a party to stipulate to certain (usually very minor) issues. There is no "presumption of guilt" if they're not answered--at least not immediately. After discovery begins, you would send these documents. If, by the time discovery should be completed, they have not answered, you must then go to the court and attempt to "compel discovery"--i.e. get them to answer the questions. Some courts ask for several motions to compel before you can make assumptions based on the other party's failure to answer.
they are called interrogatories and discovery.There is no presumption of guilt.Just answer truthfully and to the best of your ability.If you don't know an answer,say you don't know.
The document you refer to is called: Interrogatories.
Although, not responding to the Interrogatories does not automatically presume guilt.
http://en.wikipedia.org/wiki/interrogato...
Interrogatorries-- Written Discovery Request-- you typically have 30 days to respond
In the US, you might be referring to an interrogatory, but there is no presumption of guilt; a defendant never even has to speak at trial.
Well there is no such document that can presume guilt, as that can only be decided by a jury. What you are most likely thinking of is a subpoena (pronounced suh-pee-nuh) which is a document ordering one to appear in court to answer questions, and if they refuse they can be held in contempt of court and put in jail. The Fifth Amendment would prevent a person from being presumed guilty on their silence, as that is a clear violation of the Fifth Amendment - the right to remain silent and not testify against yourself. Also, you cannot force a person to testify against him or herself or to make them say anything that could put them in jail, another part of the Fifth Amendment.
Finally, there is really no way you as an individual can force a person to answer questions, as that could be harassment. Only if they are involved in a civil or criminal trial in some way can you order them to answer questions, and to do that you would usually need a judge to issue the order.
The document you described does not exist.
There is a document that an attorney uses in the Discovery phase of a trial to ask written questions. That is called Interrogatories. It is a replacement or an addition to a deposition.
Interrogatories ask questions of a party to a lawsuit. The answers are given under oath. That oath is, just like in court, that the answers are the truth. If an Interrogatory question is unanswered it does NOT mean that the person is presumed guilty, it just means they did not answer the question and the attorney may need to get a judicial order to get the answer.
Even in a court trial, if the defendant does not answer a question, he/she will NOT be presumed guilty. The worst that can happen is to be found in contempt of court. BUT that is in a real court with real attorneys and a judge.
Law is not a do it yourself pastime like repairing your house. Amateurs can really mess things up for themselves by trying to do things on their own. You would not do your own surgery, so why act as your own lawyer.
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