Interrogatories

• Jurisdiction: Maryland

V. INTERROGATORIES

Pursuant to Md. Rule 2-421, interrogatories may be served on any other party in the case. In the Maryland Circuit Courts, only one set of not more than 30 interrogatories may be filed by the same party, unless a motion for leave to file more than 30 interrogatories is filed and granted by the court.¹⁷² In federal court, e.g., the U.S. District Court for the District of Maryland, a party is limited to 25 interrogatories.¹⁷³ But, in the District Court of Maryland, only one set of interrogatories limited to 15 is permitted.¹⁷⁴ In the District Court of Maryland, a request for documents is made through an interrogatory and is limited to requests for the following: (A) a written instrument upon which a claim or defense is founded; (B) prior statements by the proponent of the discovery relating to the matter; and (c) expert reports.¹⁷⁵

Generally speaking, interrogatories serve the practical purpose of obtaining basic facts and, unless the case is extremely complicated, there is generally no need to seek leave of court to file more than 30 interrogatories. Interrogatories may be served on a party at any time. Parties have 30 days after service of the interrogatories within which to answer them. It is possible to obtain a court order, for good cause, requiring a party to answer the interrogatories within less than 30 days.¹⁷⁶

Interrogatories and answers thereto are furnished to all parties in the case. Answers must respond to each interrogatory separately, are made under oath, and shall be signed by the party making the answer.¹⁷⁷

Pursuant to Md. Rule 2-421(c), a party answering interrogatories may have the option to produce business records including electronically stored information. Pursuant to Md. Rule 2-421(d), answers to interrogatories may be used at trial or at a hearing and may become substantive evidence.¹⁷⁸ Neither interrogatories nor answers are filed with the court.

When a party receives information which requires that a previous answer to an interrogatory be changed or supplemented, a party has a duty to seasonably supplement the prior answers.¹⁷⁹

A. Propounding Interrogatories

Interrogatories are an inexpensive method (as contrasted with depositions) of obtaining information from an opposing party. Because the answers to interrogatories "shall include all information available to the party directly or through agents, representatives, or attorneys," they permit one to obtain information beyond the party's own personal knowledge. They also permit the proponent to discover the facts supporting your opponent's legal theories (e.g., contributory negligence, assumption of the risk) and are continuing in nature so as to provide updated information prior to trial. The timing relationship between filing interrogatories and taking depositions is important. In simple cases, it is often advantageous to file interrogatories along with the complaint to find out basic facts. Once these basic facts have been ascertained, a deposition may be taken to obtain additional information. Interrogatories may be a guide to preparation for the deposition.

In other situations, when the "blitzkrieg" method of discovery is employed and depositions are taken early in the case, interrogatories may be used to pick up additional specific facts that may have been omitted during the course of the deposition or which have come to the party's attention after the deposition has been concluded.

Interrogatories usually should be prepared to...