Contention interrogatory responses are a frequent topic of dispute. In theory, using damages as an example, the way it works is this:
- Defendant, who does not have the burden, sends a contention interrogatory.
- Plaintiff provides contentions.
- Defendant takes discovery based on the contentions.
- Plaintiff provides expert reports that fairly elaborate on the contentions.
- Defendant responds using the discovery it took based on the contentions.
- Plaintiff offers expert testimony at trial that is a fair elaboration on their reports.
- Defendant moves to strike any testimony that goes beyond the reports.
The process can get hung up on step 2, however, because parties may try to short-circuit the process and avoid giving away or getting nailed down on …
