Bailey

The plaintiff in preparing his case for trial served upon the defendant written interrogatories to be answered, as provided by Rule 33 of Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. After answering the interrogatories, the defendant, within 15 days, served a copy of the answers on the plaintiff (the time was not enlarged or extended). At trial the defendant offered the answers to the interrogatories in evidence; the plaintiff objected as being incompetent. As to the competency the court is bound by the rules of evidence, the rules of Federal Rules of Civil Procedure, but especially Rule 33.

Rule 33 has a distinctive function separate and apart from the other rules, in the discovery of truth reposing in the mind of the defendant, bearing upon the issue in preparation for trial. It is peculiarly adopted to the use of parties in preparing for trial, in the interest of economy of time, for if admissions are made the fact is established, or if answers are adverse, and believed untrue, or the fact camouflaged in such a fashion as to becloud the truth, for use in cross-examination to clarify the answers, and uncover the truth.

Rule 33 does not provide that…