This is the most burdensome form of discovery, and many courts place restrictions on the number of interrogatories which may be served, including the number of subdivisions which an interrogatory can contain. Interrogatories are generally the most burdensome and costly part of a lawsuit, but increasingly less so with the new ru les which restrict their use to some extent. With everything taken into consideration, the disadvantages outweigh the advantages and the discovery rule is almost never used. Discovery will attempt to review all of the advertising allowance, slotting allowance, and other promotional programs of the defendants, to show that such programs are making excessive payments to the favored customers, so that the excess is actually an unlawful price rebate, and that the programs themselves are not made functionally or proportionally available to the plaintiff, as the disfavored purchaser.
Depositions are generally very effective in getting to the bottom line of the defendant's policy.
It should only take 3-4 depositions to get the defendant's discriminatory policies. Once the discovery is over, the parties put the evidence together and can be expected to make various motions. After the court resolved these motions, the case will either be dismissed or go to trial. Return to Main Menu for RPAMall .