Interrogatories
Interrogatories Generator
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Signature Requirements
Attorney or Party Signature Required
Interrogatories must be signed by the propounding party or their attorney of record. Responses to interrogatories must be answered under oath by the responding party.
Discovery requests generally do not require notarization, but answers to interrogatories must be verified (signed under oath) by the responding party. Check your jurisdiction's specific rules on discovery signatures and verification requirements.
Sample Interrogatories Generated by Legal Tank
Interrogatories
Definitions & Instructions
Pursuant to [Rule 33 of the Federal Rules of Civil Procedure / applicable state discovery rules], Plaintiff/Defendant [____________] requests that Defendant/Plaintiff [____________] answer the following interrogatories separately, fully, and under oath within [30 / ____] days of service. These interrogatories shall be deemed continuing in nature, and you are required to supplement your answers promptly if you learn that any answer is in any material respect incomplete or incorrect. For purposes of these interrogatories, the following definitions apply: (a) "You" and "Your" mean [Responding Party] and all of its agents, employees, officers, directors, representatives, attorneys, affiliates, subsidiaries, and predecessors; (b) "Person" means any individual, corporation, partnership, limited liability company, association, governmental body, or other entity; (c) "Communication" means any oral, written, or electronic exchange of information, including letters, emails, text messages, and voicemails.
The following instructions govern your responses to these interrogatories: (a) Each interrogatory shall be answered separately and fully in writing under oath; (b) If you object to any interrogatory, state the specific grounds for objection with particularity; you must still answer any non-objectionable portion of the interrogatory; (c) If you are unable to answer any interrogatory fully after exercising due diligence to secure the information requested, so state, explaining in detail why you are unable to answer fully and setting forth whatever information or knowledge you possess regarding the subject matter of the interrogatory; (d) If any document is withheld under a claim of privilege or work product protection, identify the document in a privilege log stating the date, author, recipient(s), general subject matter, and privilege claimed; (e) Where a natural person is asked to identify a document, provide the date, author, recipient(s), title or subject, and location of each responsive document.
Substantive Interrogatories
INTERROGATORY NO. 1: Identify all persons with knowledge of the facts alleged in the Complaint or Answer, including for each person his or her full name, current address and telephone number, employer, job title, and a brief description of the facts within that person's knowledge. INTERROGATORY NO. 2: Describe in detail all facts supporting [each affirmative defense asserted in your Answer / each element of your claims as alleged in the Complaint], including the identity of all witnesses and documents that support your position. INTERROGATORY NO. 3: Identify all documents that you intend to use as exhibits at trial or in connection with any motion, including for each document its date, author, recipient(s), title, and current location.
INTERROGATORY NO. 4: Describe all communications between you and [____________] concerning [the subject matter of this litigation], including the date, method, and substance of each communication and the identity of all participants. INTERROGATORY NO. 5: Describe in detail all damages you claim to have suffered as a result of the events alleged in the [Complaint / Counterclaim], including a computation of each category of damages, the method used to compute damages, and all documents on which each computation is based. INTERROGATORY NO. 6: Identify all expert witnesses you intend to call at trial, including for each expert: name, address, area of expertise, opinions to be expressed, and the basis and reasons for each opinion, together with a list of all publications authored by the expert in the preceding ten years and a list of all cases in which the expert has testified in the preceding four years.
Certification & Verification
VERIFICATION: I, [Name of Responding Party or Authorized Representative], declare under penalty of perjury that I have read the foregoing answers to interrogatories and that they are true and correct to the best of my knowledge, information, and belief. I am [the responding party / an officer of the responding party duly authorized to make this verification / the attorney for the responding party, making this verification because the responding party is not present in this district and the facts are principally within my knowledge]. Executed on [____________] at [City, State].
What Is a Interrogatories?
An interrogatory is a formal written question served by one party in a civil lawsuit on another party, requiring a written answer under oath within a specified time period. Governed by Federal Rule of Civil Procedure (FRCP) Rule 33 in federal court and analogous state rules in state court, interrogatories are one of the five primary discovery tools available to litigants, alongside requests for production of documents, depositions, requests for admission, and physical or mental examinations. Unlike depositions, which produce oral testimony in real time, interrogatories allow the responding party time to investigate, consult records, and provide thorough written answers, making them particularly effective for obtaining foundational factual information early in discovery.
FRCP Rule 33(a)(1) imposes a default limit of 25 interrogatories per party, including all discrete subparts. This limit was established to prevent the abuse that characterized early federal discovery practice, when parties routinely served hundreds of interrogatories as a litigation tactic to overwhelm opponents. Courts interpret the "discrete subpart" rule substantively rather than formally, a single numbered interrogatory that asks three factually independent questions counts as three interrogatories toward the limit, regardless of how it is numbered. If a party needs more than 25 interrogatories, it must obtain leave of court or a written stipulation from the opposing party. Courts grant additional interrogatories when the requesting party demonstrates that the case's complexity, the amount in controversy, or the nature of the claims justifies expanded discovery. The responding party has 30 days from the date of service to serve written answers and any objections.
The scope of interrogatories is governed by the general scope of discovery under FRCP Rule 26(b)(1), which permits discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case. Proportionality factors include the importance of the issues at stake, the amount in controversy, the parties' relative access to information, the parties' resources, the importance of discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. A particularly powerful type of interrogatory is the contention interrogatory, which asks the responding party to state the factual basis for specific claims or defenses, for example, "State all facts supporting your allegation that Defendant breached paragraph 7 of the contract." Courts generally permit contention interrogatories but may defer their response until later in discovery when the answering party has had an opportunity to complete its investigation.
Responses to interrogatories must be made under oath by the party, not by the party's attorney, although attorneys typically draft the responses and assist with objections. Under FRCP Rule 33(d), if the answer to an interrogatory can be determined by examining the responding party's business records, and the burden of deriving the answer is substantially the same for either party, the responding party may specify the records from which the answer can be derived and make them available for inspection rather than providing a narrative answer. This business records option is frequently used for interrogatories asking about financial information, transaction histories, or communications, but it cannot be used as a tactic to bury the requesting party in unsorted documents, the responding party must specify the records in sufficient detail to enable the requesting party to locate and identify them.
Why You Need a Interrogatories
You are in the early stages of civil litigation and need to identify the witnesses, documents, and factual theories your opponent will rely upon. Interrogatories provide a cost-effective way to gather this foundational information without the expense of depositions, which typically cost $1,000-$5,000 or more per witness when factoring in court reporter fees and attorney time.
You need to force the opposing party to commit to specific factual positions under oath. Unlike informal discovery communications, interrogatory answers are sworn statements that can be used at trial to impeach the party if their testimony contradicts their earlier written responses. This makes interrogatories a powerful tool for locking in the opponent's story early.
You are preparing for summary judgment and need the opposing party to state the factual and legal basis for their claims or defenses. Contention interrogatories force the opponent to identify every fact supporting their position, and if they cannot identify sufficient facts, it strengthens your summary judgment motion.
Your case involves complex financial transactions, corporate structures, or technical subjects where you need detailed written responses that the responding party has had time to research and verify. Unlike depositions where witnesses may claim lack of memory or knowledge, interrogatory responses must reflect the collective knowledge of the party and its agents.
You need to identify all expert witnesses the opposing party intends to call, their opinions, and the bases for those opinions before expert discovery deadlines. Interrogatories supplement the automatic expert disclosures required by FRCP Rule 26(a)(2) and can probe areas not covered by the initial disclosure.
Key Sections in a Interrogatories
Case Caption and Instructions
Interrogatories must include the full case caption (court name, case number, party names), identify the propounding and responding parties, and include instructions defining the scope of responses. Standard instructions define key terms (such as "document," "communication," "identify," and "relate to"), specify the applicable time period, and instruct the responding party to provide all information within their knowledge, possession, custody, or control, including information known to their agents, employees, attorneys, and representatives.
Identification Interrogatories
These foundational questions establish the identity of key persons and entities relevant to the case. They typically ask the responding party to identify all persons with knowledge of the facts, provide contact information for anticipated witnesses, identify the corporate structure of entity parties, and list all agents or employees involved in the events at issue. Identification interrogatories are usually served early in discovery to build the factual foundation for depositions and document requests that follow.
Factual Basis Interrogatories
These interrogatories ask the responding party to describe specific events, transactions, or occurrences relevant to the claims or defenses. They are designed to pin down the responding party's version of what happened, when it happened, who was involved, and what documents or communications exist regarding the events. Answers to factual interrogatories can be used to impeach the party at trial if their testimony contradicts their sworn interrogatory responses.
Contention Interrogatories
Contention interrogatories ask a party to state the factual and legal basis for their claims or defenses, for example, "State every fact that supports your claim that Defendant was negligent." These are among the most powerful discovery tools because they force the opposing party to commit to a specific theory of the case under oath. FRCP Rule 33(a)(2) expressly permits interrogatories relating to the application of law to fact, even though the answers may involve opinions or contentions. Courts may defer contention interrogatories until later in discovery to allow the responding party time to complete their investigation.
Damages Interrogatories
These interrogatories ask the opposing party to identify and itemize all damages claimed, the factual basis for each element of damages, the method of calculation used, and all documents supporting the damages claim. Damages interrogatories are essential for evaluating settlement value, preparing for expert discovery, and narrowing the scope of damages at trial. In personal injury cases, they typically cover medical expenses, lost wages, pain and suffering, and any other categories of claimed damages.
Expert Witness Interrogatories
FRCP Rule 33 can be used to identify the opposing party's expert witnesses, their qualifications, the subject matter of their expected testimony, and the basis for their opinions. While FRCP Rule 26(a)(2) requires automatic disclosure of expert witness information, interrogatories can probe deeper into the expert's opinions, methodology, data relied upon, and compensation. These interrogatories supplement rather than replace the expert disclosure requirements.
Interrogatories Legal Requirements
FRCP Rule 33(a)(1) limits each party to 25 interrogatories, including all discrete subparts, unless the court grants leave or the parties stipulate to a different number. Many state courts impose different limits, California allows 35 specially prepared interrogatories without leave of court under CCP § 2030.030.
Under FRCP Rule 33(b)(2), the responding party must serve answers and any objections within 30 days after service of the interrogatories, unless the parties stipulate or the court orders a different deadline. Failure to timely respond can result in a waiver of all objections, including privilege.
FRCP Rule 33(b)(4) requires that all objections be stated with specificity. Boilerplate objections (such as "overly broad, vague, burdensome, and not reasonably calculated to lead to the discovery of admissible evidence") without explanation are insufficient and may be overruled by the court, with sanctions imposed for the obstruction.
Interrogatory answers must be signed under oath by the party making them, while objections must be signed by the attorney. Under FRCP Rule 33(b)(3) and (5), the party's sworn signature authenticates the factual responses, while the attorney's signature certifies that the objections have a legal basis.
FRCP Rule 26(e)(1)(A) imposes a continuing duty to supplement interrogatory responses if the party learns that the response is materially incomplete or incorrect. Failure to supplement can result in the exclusion of evidence at trial under FRCP Rule 37(c)(1), a sanction that can be case-dispositive.
Under FRCP Rule 37(a)(3)(B)(iii), if a party fails to answer an interrogatory, the requesting party may file a motion to compel. If the motion is granted, the court must order the non-responding party to pay the requesting party's reasonable expenses, including attorney fees, unless the court finds the failure was substantially justified.
Common Interrogatories Mistakes to Avoid
Exceeding the 25-interrogatory limit by disguising multiple questions as subparts of a single interrogatory. Courts look at substance over form, if a single numbered interrogatory contains three factually independent questions, it counts as three toward the limit. This can result in the responding party objecting to all questions beyond the 25th, losing the most important questions you saved for last.
Drafting overly broad or vague interrogatories such as "Describe everything you know about the incident." Vague interrogatories invite equally vague responses and are vulnerable to objections for being unduly burdensome, overly broad, or lacking in specificity. Frame each question to target specific facts, time periods, individuals, or documents.
Failing to define key terms in the instructions section, which allows the responding party to interpret ambiguous terms in the narrowest possible way. Define words like "identify" (to mean provide name, title, employer, address, and phone number), "document" (to include all forms of recorded information), and "communication" (to include oral, written, and electronic exchanges).
Using interrogatories for matters better suited to other discovery tools. Interrogatories are ideal for factual foundations, identification of witnesses, and contention questions, but they are poor tools for obtaining documents (use requests for production) or for evaluating witness credibility (use depositions).
Neglecting the duty to supplement responses. Under FRCP Rule 26(e), a party who has responded to interrogatories must timely supplement its responses if it learns that the response is materially incomplete or incorrect and the additional or corrective information has not been made known to the other parties during discovery or in writing.
Failing to sign interrogatory responses under oath. FRCP Rule 33(b)(3) requires that each interrogatory be answered separately and fully in writing under oath. Responses signed only by the attorney, without the party's oath, are defective and may be stricken by the court.
Waiting until late in discovery to serve interrogatories. While contention interrogatories are often appropriately deferred, foundational identification and factual interrogatories should be served early in the discovery period to inform deposition planning and document production strategies.
Frequently Asked Questions About Interrogatoriess
What are interrogatories?
How do I answer interrogatories?
How many interrogatories can I send?
What is the deadline to respond to interrogatories?
What happens if I do not answer interrogatories?
What is the difference between interrogatories and a deposition?
Can I object to interrogatory questions?
Are interrogatory answers signed under oath?
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