Plaintiff's Interrogatories to Defendant

UNITED STATES DISTRICT COURT

FOR A SAMPLE DISTRICT

______________________________

) Case No.:

_______________, )

Plaintiff, )

)

v. )

)

_______________, )

Defendant )

______________________________)

Plaintiff: _______________

Defendant: _____________

PLAINTIFF’S INTERROGATORIES TO DEFENDANT

THE FOLLOWING INTERROGATORIES are to be answered by the Defendant ____________ separately and under oath within the time permitted by law. The requested information must be provided regardless of whether it is possessed by the Defendant personally or by agents, employees, representatives or persons acting on behalf of the Defendant. If you (Defendant) 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; also state 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. If not, please explain why not.

   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. If not, please explain why not.

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

4. State the full name, address, telephone number, occupation, title, and 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:¹

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

   2. During the accident [or occurrence].

   3. Immediately following the accident [or occurrence].

5. Your answer denies the allegations contained in Paragraph ____ of Plaintiff’s 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, supports your denial or otherwise contradicts the allegations of the Plaintiff? 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:

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

6. With respect to your denial of Paragraph _____ of Plaintiff’s 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 your denial and supports that particular paragraph of the Complaint? 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:²

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

7. Please identify the _____ person in the ____ suit who was present during the ______ held at your office on ______, 20 __ , by stating his (or her) name, address, and relationship to the parties, if any; and, please indicate whether you intend to call him (or her) 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. For each affirmative defense that you are asserting, please identify the defense and specifically set forth all of the facts and evidence that you intend to use to support such defense; also, for each such defense, identify all documents (by title, date, author, custodian and a summarization of contents) that you intend to use to support the defense, and all persons who have knowledge of facts supporting the defense. Those persons should be identified by name, occupation, address, title, relation to the parties herein and a description of the information that they are to present.

9. With respect to all of the documents that ___________ has in its [his, or her] possession or under its control, please identify those documents that are likely to contain the following information: [Delimiters might involve: specific dates, periods of time, various authors or subject matter] ________, and with respect to those documents, please state:³

   1. Please indicate 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 format and indicate whether the original entries were scanned, typed by hand, or entered by way of voice recognition software.

   4. 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 stating each person’s name, address, title, and relationship to the parties herein.

11. To the extent that you have not already done so, state in detail, your version and description of the events which are the subject of the Complaint; include all of your personal observations. Please provide all relevant times, dates, names and locations.

12. 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.

13. Set forth the following information with respect to each non-expert witness who the Defendant expects to call during the course of trial:⁴

    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.

14. With respect to each of the following Requests For Admissions (dated ________, 20 __) that the Plaintiff submitted to you, which 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.

    1. [Repeat the request, word for word; follow it with the precise response of the Defendant.]

    2. [See Subparagraph A; follow suit for each applicable request]

15. With respect to each of the following Requests For Admissions (dated ________, 20 __) that the Plaintiff submitted to you, for which you claimed that you lacked sufficient information to answer, please describe, in detail, each inquiry that you made...