Chapter 2 - 2.5 Interrogatories

• Jurisdiction: Virginia

2.5 INTERROGATORIES

2.501 In General. Objections to an interrogatory should be inserted where the answer would have appeared, briefly detailing the reason that the party objects to a particular question. Objections must be filed during the same period in which the answers would have been due.⁶⁶ Rule 4:8(d) expressly says that "[e]ach interrogatory must be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection must be stated in lieu of an answer." This would suggest that, if there is an objection made by the responding party but then an answer is given, the objection may be waived.

Because the interrogatories and answers are not normally filed with the court, a party who wishes to compel an answer when an objection has been made must file a motion to compel under Rule 4:12(a).⁶⁷ To preserve the objection in the face of a motion to compel, the party opposing discovery should consider whether to expand on the objection by making a request for a protective order.⁶⁸ The following objections are available under the rules, and some of the preceding more general objections may also be available.

2.502 Excessive Number. An objection can be made if a party serves more than thirty...