Interrogatories: Drafting, Responding, and Strategy

Interrogatories are written questions one party serves on another in a civil lawsuit, requiring sworn written answers under oath. Authorized by Federal Rule of Civil Procedure 33 and parallel state-court rules, interrogatories are one of the four core discovery devices alongside requests for production, requests for admission, and depositions. They are the cheapest and most efficient way to lock down basic facts, identify witnesses, and force the opposing party to commit to a version of events early in litigation.

This guide covers federal and state limits on interrogatories, the difference between general and contention interrogatories, the thirty-day response deadline, valid objections, and how to draft questions that produce useful information instead of boilerplate denials. Read it alongside the motion to compel guide for what to do when responses are inadequate.

Federal and State Limits

Under Federal Rule 33(a)(1), a party may serve no more than twenty-five interrogatories on any other party, including all discrete subparts, without leave of court or a stipulation. The discrete-subparts rule prevents parties from circumventing the limit by combining multiple questions in a single numbered question.

Jurisdiction	Limit	Citation
Federal	25 (counting subparts)	FRCP 33(a)(1)
California	35 specially prepared + unlimited form	CCP 2030.030
New York	No fixed numerical limit	CPLR 3130
Texas	25 in Level 1 cases, 25 + 25 in Level 2	TRCP 190
Florida	30 (counting subparts)	Fla. R. Civ. P. 1.340

California permits unlimited use of standardized form interrogatories (Judicial Council forms) plus thirty-five specially prepared interrogatories. New York generally allows unlimited interrogatories but combines them with depositions in a way that other jurisdictions do not. Always check local rules; some federal districts impose lower limits by standing order.

Counting discrete subparts is its own body of doctrine. The prevailing test asks whether the subparts are logically or factually subsumed within, and necessarily related to, the primary question. An interrogatory asking for a witness's name, address, and telephone number counts as one; a single numbered question asking about the formation of a contract, its performance, and its termination counts as three. A responding party served with more than the allotted number may answer the first twenty-five and object to the remainder, so drafters who front-load compound questions can exhaust the limit before reaching their most important topics.

Two Types: Identification and Contention

Identification interrogatories ask for basic facts: identify all witnesses to the accident, identify all documents supporting your damages claim, identify your insurance carriers. These produce information the requesting party uses to plan further discovery (depositions, document requests).

Contention interrogatories ask the opposing party to state the factual basis for a specific allegation or defense: state every fact supporting your claim that defendant breached the contract; identify each affirmative defense and the facts supporting it. Contention interrogatories are most useful late in discovery, after document production and depositions have established the factual record. Many courts allow contention interrogatories to be deferred to the end of discovery on the rationale that early answers will be premature and incomplete.

Drafting Effective Interrogatories

The most useful interrogatories are specific, singular, and answerable in writing. Vague or compound questions invite objections and produce useless answers. Compare:

• Weak: "Describe everything that happened on June 14, 2025."
• Strong: "State the time you arrived at the intersection of Main Street and 5th Avenue on June 14, 2025."

The second question is specific, factual, and produces a discrete answer. The first invites a narrative response that the responding party will tailor for litigation purposes. A well-crafted interrogatory locks in a specific fact that can be used at deposition, summary judgment, or trial. Many small firms delegate first drafts of their interrogatory sets to virtual paralegal services, with the supervising attorney tightening each question before service.

Responding to Interrogatories

Under FRCP 33(b)(2), the responding party must answer or object to each interrogatory in writing under oath within thirty days after being served. The party answers each interrogatory separately and fully unless an objection is asserted. Each answer or objection must be signed by the responding party (for answers) or counsel (for objections).

Common objections include relevance, overbreadth, undue burden, attorney-client privilege, work product, and failure to identify discrete questions. A general objection ("Plaintiff objects to the entire set of interrogatories") without specific reasoning is disfavored and often overruled. Each objection must be stated with specificity per Rule 33(b)(4).

Can You Refuse to Answer?

You can object, but you cannot simply refuse. Failure to answer or object within thirty days waives the right to object. If you object, you must still answer the parts of the interrogatory that are not subject to the objection. Refusing to answer entirely without filing for a protective order is risky and can result in sanctions under FRCP 37.

A responding party that believes the interrogatory is improper has three options: (1) answer subject to a stated objection (best for marginal objections), (2) answer in full and forgo the objection, or (3) move for a protective order under Rule 26(c) before the response deadline. The third option is reserved for clearly improper or burdensome interrogatories.

The Thirty-Day Deadline and Extensions

Federal interrogatories must be answered within thirty days of service. State deadlines vary: California allows thirty days, New York twenty days, Texas thirty days, Florida thirty days. Extensions are routinely granted by stipulation between counsel; courts disfavor unnecessary motion practice over scheduling disputes. The first request for an extension is almost always granted; subsequent requests require a showing of need.

Production of Business Records in Lieu of Answers

Under FRCP 33(d), if the answer to an interrogatory may be derived from the responding party's business records, and the burden of deriving the answer is substantially the same for both parties, the responding party may answer by specifying the records to be examined and producing them. This is most common for accounting and financial information that requires aggregation from underlying documents.

Rule 33(d) production is not a free pass. The responding party must specify the records "in sufficient detail to enable the interrogating party to locate and identify them." A bulk dump of all financial documents without organization or specification does not satisfy the rule.

Sanctions for Inadequate Responses

If responses are evasive or incomplete, the propounding party may file a motion to compel under FRCP 37(a). Courts award reasonable expenses, including attorney's fees, to the prevailing party on a motion to compel unless the losing party's position was substantially justified. Continued failure to comply can result in evidentiary sanctions, adverse inference instructions, or even default judgment under FRCP 37(b)(2).

When You Need an Attorney

Drafting interrogatories that produce useful answers, and responding without waiving objections or admitting damaging facts, requires careful drafting. Legal Tank's attorney-drafted interrogatories service produces a tailored set of interrogatories or responses with proper objections and citations to controlling discovery law. The free interrogatories template includes form questions and a response shell for pro se litigants and small-firm attorneys.

Frequently Asked Questions

What is the purpose of an interrogatory?

An interrogatory is a written question one party serves on another in a civil lawsuit to obtain information, identify witnesses, lock in factual positions, and develop the record for further discovery. Interrogatories are one of the four core discovery devices and are particularly efficient for basic identification questions and contention discovery late in the case. They are cheaper and faster than depositions but produce less detailed information.

Can you refuse to answer interrogatories?

You cannot simply refuse, but you can object. Failure to respond within thirty days waives most objections. If an interrogatory is overbroad, irrelevant, privileged, or unduly burdensome, the responding party should serve a written objection within the deadline rather than ignoring the question. The proper way to refuse is to object with specific reasoning under FRCP 33(b)(4) or move for a protective order under Rule 26(c). Outright refusal without a basis can lead to a motion to compel and sanctions.

What do you mean by interrogatories?

Interrogatories are written questions submitted by one party to another during the discovery phase of a lawsuit, requiring written answers under oath. Authorized by FRCP 33 in federal court and by parallel rules in state courts, interrogatories are one of four primary discovery tools alongside requests for production, requests for admission, and depositions. The responding party has thirty days to answer in writing under oath, with each answer signed by the party itself rather than counsel.

What is the difference between discovery and interrogatories?

Interrogatories are one form of discovery in a lawsuit. An interrogatory is a written question from one party to the lawsuit to another party (usually the opposing party). Interrogatories are a way to obtain information from the opposing party, but they are only one of several discovery tools. Discovery as a whole also includes depositions (live oral questioning), requests for production (documents and tangible things), and requests for admission (statements to admit or deny). Each tool serves a different purpose.

Who must sign and verify interrogatory answers?

The party itself, under oath; counsel signs only the objections. For a corporation or other entity, an officer or agent provides the verification on the organization's behalf, and it binds the organization rather than the individual signer. Many courts treat unverified answers as no answers at all, so a missing verification page can itself support a motion to compel. Because answers are sworn, they can be used to impeach the answering party at deposition or trial, which is why careful defense counsel draft answers narrowly before the client verifies them.

Do interrogatory answers have to be updated?

Yes. Under FRCP 26(e), a party must supplement or correct an answer in a timely manner if it learns the answer is incomplete or incorrect in some material respect, unless the new information has otherwise been made known during discovery. The duty is self-executing; no new request is required. Failure to supplement carries a hard consequence under Rule 37(c)(1): the withheld information or witness may be excluded at trial unless the failure was substantially justified or harmless. Disclosing a previously unnamed witness on the eve of trial is the classic scenario for exclusion.

Can interrogatories be served on a non-party?

No. Interrogatories may be served only on parties to the lawsuit. Information from non-parties must come through other devices: a subpoena duces tecum for documents, or a subpoena compelling deposition testimony. Federal practice also permits depositions on written questions under Rule 31, which function somewhat like interrogatories directed at a non-party witness but are answered orally before an officer. This is one reason party status matters: naming an entity as a defendant unlocks interrogatories and requests for admission that a subpoena cannot reach.