Defendant's Interrogatories to Plaintiff

UNITED STATES DISTRICT COURT

FOR A SAMPLE DISTRICT

________________________________

) Case No.:

_______________, )

Plaintiff, )

)

v. )

)

_______________, )

Defendant )

_______________________________ )

Plaintiff: _______________

Defendant: _____________

DEFENDANT’S INTERROGATORIES TO PLAINTIFF

THE FOLLOWING INTERROGATORIES are to be answered by the Plaintiff _____________ separately and under oath within the time permitted by law. The requested information must be provided regardless of whether it is possessed by the Plaintiff personally or by agents, employees, representatives or persons acting on behalf of the said Plaintiff. If you (Plaintiff) or anyone acting on your behalf should discover any new information or should change a position, you are obligated to supplement your answers within the time permitted by law.

1. State your full name, date of birth, address and occupation, and the name, address, occupation and relationship to the parties of each individual who assisted the answering of these interrogatories.

2. Before answering these interrogatories, state whether or not you have:

   1. Made a due and diligent search of all related documents, books, reports, memos, photos and writings within your possession or under your control, in order to obtain information with respect to this action.

   2. Made a due and diligent inquiry of your employees, friends, relatives and those persons available to assist you in order to obtain information with respect to this action.

3. State the full name, address, telephone number, and the relationship, if any, to the other parties of each person who has knowledge, information or evidence of the incident or transaction that occurred on ______ at the location of ________ .

4. In paragraph ___ of your Complaint, you allege that “________ [Insert allegation verbatim].” Are you, or any agents, employees or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports or proves this allegation? If your answer is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, separately set forth the following information fully, specifically, and in detail:¹

   1. A detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the information.

   2. The name, address, telephone number or other means of identification of each person who has possession or first hand knowledge of the subject fact, observation, document, or item of evidence, and that person’s relationships to the parties herein.

   3. If the information is in the form of a writing, please identify the writing by stating its date, author, signatories, purpose, the person to whom it was directed, and a summary of its contents. Also indicate the name and address of each person who possesses an original or copy.

   4. The method or manner by which you obtained knowledge of this information, setting forth, names, dates, times, places and any other details that relate to the manner in which you obtained such knowledge.

   5. If the subject information is documentary, will you please without a motion to produce, attach a copy to your answers to these interrogatories.

   6. [Conspiratorial allegations] To the extent that you have not already done so, for each statement or communication in furtherance of the subject conspiracy, set forth the name, address and relation to the parties of each person who spoke or communicated in furtherance of the conspiracy, and state precisely the words communicated; also, state the date, time and place of the communication and provide the name and address of each recipient of the communication.²

5. With respect to Paragraph _____ of your Complaint, pertaining to ______, are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, contradicts that particular paragraph? If your answer is anything other than an unqualified “No,” then for each and every such fact, observation, document, and item of evidence, please set forth the following information separately, specifically and in detail:³

   1. A detailed description of the fact, observation, document, or item of evidence, setting forth names, dates, times, places and any other information that might assist the identification and location of the subject information.

   2. The name, address, telephone number or other means of identification of each person who has possession or first hand knowledge of the subject fact, observation, document, or item of evidence, and that person’s relationships to the parties herein.

   3. The method or manner by which you obtained knowledge of this information, setting forth, names, dates, times, places and any other details that relate to the manner in which you obtained such knowledge.

   4. If the information is in the form of a writing, please identify the writing by stating its date, author, signatories, purpose, the person to whom it was directed, and a summary of its contents. Also indicate the name and address of each person who possesses an original or copy.

   5. If the subject information is documentary, will you please without a motion to produce, attach a copy to your answers to these interrogatories.

6. State the full name, address, telephone number, occupation, title, and the relationship if any, to the other parties, of each person who was present at the scene of the accident [or occurrence], which is the subject of the Complaint:⁴

   1. Immediately prior to the accident [or occurrence].

   2. During the accident [or occurrence].

   3. Immediately following the accident [or occurrence].

7. Please identify the ______ person in the ___ suit who was present during the _____ held at your office on _____, 20 __ , by stating his name, address, relationship to the parties, if any; and, please indicate whether you intend to call him as a witness during the trial of this action. If you claim that this information is confidential, please state the reason or basis of any privilege that you are asserting.

8. With respect to all of the documents that the ________ has in its possession or under its control, please identify those documents that are likely to contain the following parameters: [Delimiters might involve: specific dates, periods of time, various authors or subject matter] ________, and with respect to those documents that satisfy the said parameters, please state:

   1. The types or categories of the documents (i.e. Invoices, Memos, Reports, Contracts, etc.) involved, and the approximate number of each type.

   2. Please indicate the location of the documents and the type of storage that contains them (i.e. Legal or Letter Size File Drawers, Lateral Drawers, Boxes, etc.). Also, please indicate the number of storage units that contain the documents.

   3. Please identify those portions of the requested documents that are computerized, or kept in any other digital, optical or electronic formats and indicate whether the original entries were scanned, typed by hand, or entered by way of voice recognition software.

9. Set forth the names, addresses and relationships to the parties of all persons from whom written statements concerning the subject incident [or accident] have been taken; indicate the date that each statement was taken and the person who now possesses it.

10. Do any of your agents, employees, former agents or former employees possess any information, facts, writings or evidence relating to this litigation that has not been fully and completely disclosed during your prior answers to these interrogatories? If your answer to this question is anything other than an unequivocal “No,” please identify each and every such item of information, fact, writing or evidence specifically and in detail, and in addition, identify the person or persons possessing such information by name, address and relationship to the parties herein.

11. To the extent that you have not already done so, identify and describe in detail, every fact, document, item of evidence or piece of information that is in your possession or under your control that in any manner, directly or indirectly, relates to this case.

12. Set forth the following information with respect to each non-expert witness who the Plaintiff expects to call during the course of trial:⁵

    1. His or her name, address, telephone number, occupation, title and relationship to the parties, if any.

    2. The name, address and telephone number of the witness’s employer.

    3. The educational, professional and occupational background and experience of the witness.

    4. The subject matter for which the witness may be called upon to testify.

    5. The payment or compensation, if any, that has been promised to the witness.

    6. The payment or compensation, if any, that will be provided to the witness.

13. With respect to each of the Plaintiff’s Request For Admissions (dated _______, 20 __ ) submitted to you, that you denied in whole or in part, please set forth and describe, in detail, each fact or item of evidence that you relied upon to support your denial.

14. With respect to each of the Plaintiff’s Request For Admissions (dated _______, 20 __ ) submitted to you for which you claimed that you lacked sufficient information to answer, please describe, in detail, each inquiry that you made and each effort that you made to obtain the information necessary to enable to you admit or deny the Request.

15. [For questions involving damages, such as lost income, pain and suffering, etc., see Form 122,010].

16. [For questions involving expert witness, see §6.37.]

    Date: __________

    __________________________

    Signature of Attorney

    ALTERNATE CLAUSES

    Personal Identification ⁶

1. Please state your full name, date of birth, social security number...