Mastering Interrogatories: Your Guide to Civil Discovery

The journey through a civil lawsuit is complex, often relying on a crucial, pre-trial phase known as discovery. Among the most common and powerful tools in a litigant’s arsenal during this process are interrogatories. These are not casual inquiries but formal, written questions sent from one party in the lawsuit to another, demanding sworn, truthful answers. Understanding the mechanics of interrogatories is essential for anyone—individual or business—facing a legal dispute, as the responses can shape the entire course of the case, from pre-trial motions to the evidence presented at trial.

In essence, interrogatories serve to clarify matters of fact, identify witnesses, and help determine in advance what facts and legal arguments will be presented at trial. They are a fundamental method for parties to obtain specific, precise factual information that is relevant to the claims or defenses in the lawsuit.

The Mechanics of Serving and Responding

Interrogatories are governed by rules of civil procedure, such as Rule 33 of the Federal Rules of Civil Procedure (FRCP) in US federal courts, with state courts following similar local rules. These rules set strict guidelines on who can be questioned, the quantity of questions, and the timeline for response.

Scope and Limitations: The 25-Question Rule

A key limitation in many jurisdictions, including federal court, is the maximum number of questions that can be served. Under FRCP Rule 33, a party may generally serve no more than twenty-five written interrogatories on any other party, and this count includes all discrete subparts. Exceeding this limit typically requires a court order or a stipulation (agreement) from the opposing party. Some states, like California, utilize Form Interrogatories, which are standardized questions on a court form, and these often do not count against the custom-written “Special Interrogatories” limit.

The Duty to Answer Under Oath

Interrogatory responses are not mere letters; they are solemn legal statements. The answers must be provided in writing, fully and separately for each question, and are required to be made under oath. This is usually accomplished by having the party sign a sworn affidavit or a declaration of truthfulness, subjecting them to penalties of perjury for false or incomplete statements. Unlike deposition testimony, which captures the spontaneous knowledge of an individual, answers to interrogatories represent the collective knowledge of the party, their agents, representatives, and legal expert.

Objections, Contentions, and Compulsion

The responding party has a typical window of 30 days after being served to provide answers and any objections, although this timeline can vary by jurisdiction or court order. When a party cannot or will not fully answer, they must assert a specific objection.

Valid Grounds for Objection

If an interrogatory is improper, the responding party must state the objection with specificity in lieu of answering. Common grounds for objection include:

• Irrelevance: The information sought is not relevant to any party’s claim or defense in the action.
• Privilege: The information is protected by a legal privilege, such as attorney-client privilege or work product doctrine.
• Undue Burden/Expense: The question is overly broad, vague, ambiguous, or imposes an unreasonable burden or expense on the responding party.

It is crucial to note that simply objecting does not always excuse the party from answering. A party may be required to answer to the extent the interrogatory is not objectionable. Additionally, an interrogatory is generally not objectionable just because it asks for an opinion or contention that relates to fact or the application of law to fact, although a court may defer the answer until later in the discovery process. For example, “What evidence supports your claim that the defendant was negligent?” is a permissible contention interrogatory.

Remedies for Non-Compliance

If the opposing party fails to answer or objects improperly, the propounding party’s remedy is typically a Motion to Compel answers. If a party refuses to respond without a court-approved objection, the court may impose serious sanctions, which can include monetary fines, striking certain defenses, or even dismissing the case in part or entirely. Conversely, if a party feels the interrogatories are being used for harassment, they can file a Motion for a Protective Order to shield them from annoyance or undue burden.

Summary: The Power of Written Discovery

Interrogatories are often the first step in a thorough discovery plan, laying the groundwork for more intensive discovery tools like depositions. Their cost-effectiveness, ability to compel sworn, synthesized information, and efficiency in identifying key facts make them invaluable. However, both propounding and answering them require care, precision, and a deep understanding of the procedural rules to be effective and avoid court disputes.

Key Takeaways for Interrogatories in Civil Litigation

1. Formal Definition: Interrogatories are formal, written questions served by one party on another, used to gather information relevant to the lawsuit before trial.
2. Oath Required: All answers must be provided in writing and under oath (verified) by the party, meaning they are subject to penalties for perjury.
3. Limited Quantity: Federal and many state rules limit the number of interrogatories (e.g., 25 in federal court), including all subparts, to prevent misuse and undue burden.
4. Collective Knowledge: The answers must reflect the party’s collective knowledge, including information available through their agents, representatives, and legal expert.
5. Remedies for Evasion: Failure to answer can lead to a Motion to Compel, and frivolous objections or refusals can result in court-imposed sanctions.

Frequently Asked Questions (FAQ)

Q1: Can I send interrogatories to a witness who is not a party in the lawsuit?

A: No. Interrogatories are strictly limited to the parties in a civil case—the plaintiff, defendant, or third-party defendants. You must use other discovery devices, such as subpoenas or depositions, to obtain information from non-parties.

Q2: What is the difference between a “Form Interrogatory” and a “Special Interrogatory”?

A: Form Interrogatories are pre-approved, standardized lists of questions provided by the court (common in states like California). Special Interrogatories are custom-written questions drafted by the legal expert specifically for the unique facts of the case. Form interrogatories often do not count toward the numerical limit for special interrogatories.

Q3: What if the information I need is in the other party’s documents?

A: You can use an interrogatory to ask the party to identify the documents relevant to a certain fact or claim. Once identified, you would typically follow up with a separate discovery tool called a Request for Production of Documents to demand copies of those records. Alternatively, in some cases, the party answering the interrogatory can offer to produce the relevant business records for inspection in lieu of providing a narrative answer.

Q4: Do I have to file the interrogatories or the answers with the court?

A: In many US jurisdictions, particularly federal court and certain state courts, the interrogatories and their answers are generally not filed with the court. They are exchanged directly between the parties. However, a “Notice of Service” is often filed to inform the court that the discovery process is underway.

Q5: What is the consequence of not supplementing an answer that is later proven false?

A: Parties have an ongoing duty to supplement their interrogatory answers if they later obtain new information that makes their previous answer incomplete or untrue. Failure to