Interrogatories to Defendant — Personal Injury
Drafts interrogatories that pin down defendant's factual contentions, identify witnesses and evidence, and build the foundation for depositions and trial.
Required Inputs
- Caption details — court, case number, party names
- Operative pleadings — complaint (claims) and answer (affirmative defenses)
- Jurisdiction — federal (FRCP 33) or state; confirm applicable rules
- Numerical limit — FRCP 33 default is 25 including discrete subparts; state rules vary
- Set designation — first, second, etc.
- Attorney info — name, bar number, firm, address, phone, email
Document Structure
1. Caption
Standard litigation caption. Title: "Plaintiff's [First/Second/etc.] Set of Interrogatories to Defendant."
2. Introduction
- Propound under governing rule (FRCP 33 or state equivalent)
- State response deadline (30 days unless local rule differs)
- Require separate, full, written answers under oath
3. Definitions
Define at minimum:
| Term | Scope |
|---|---|
| IDENTIFY (person) | Name, address, phone, employer, relationship to parties |
| IDENTIFY (document) | Author, date, type, custodian, location, Bates number |
| IDENTIFY (communication) | Date, participants, medium, substance |
| PERSON | Natural persons and all entities |
| DOCUMENT | All tangible and ESI formats |
| COMMUNICATION | Every form of information exchange |
| INCIDENT | Specific event(s) giving rise to the lawsuit |
| YOU/YOUR | Defendant including agents, employees, representatives |
Draft broadly to prevent evasion; keep defensible.
4. Instructions
- Duty to supplement (FRCP 26(e) or state equivalent)
- Answer each interrogatory separately and fully
- Privilege claims require a privilege log
- Duty to investigate despite lack of personal knowledge
- Answer subparts separately
- Business-records option under FRCP 33(d) with specification
5. Substantive Interrogatories
Tailor to the specific facts, claims, and defenses. Organize by category:
A. Witness Identification
- All persons with knowledge of relevant facts (identity, substance of knowledge)
- Expected trial witnesses and testimony subjects
- Experts retained or consulted (identity, opinions, basis)
B. Defendant's Version of Events
- Factual account of the incident
- Acts or omissions attributed to plaintiff (contributory/comparative fault basis)
C. Evidence Identification
- Documents, photos, recordings, tangible evidence related to the incident
- Statements obtained from any person (written, recorded, oral summaries)
- Surveillance or investigation regarding plaintiff or incident
D. Personal Injury–Specific
- Defendant's knowledge of plaintiff's injuries
- Insurance coverage (carrier, policy number, limits)
- Prior similar incidents or claims involving defendant
- Mitigation-of-damages contentions with factual basis
E. Contention Interrogatories For each affirmative defense: state every supporting fact, identify every supporting document, identify every knowledgeable person.
6. Signature Block & Certificate of Service
- Attorney signature, date, name, bar number, firm, address, phone, email
- Certificate of service: method, date, recipient counsel details
Pitfalls & Checks
- Count subparts rigorously — discrete subparts count toward the cap; structure compound questions carefully
- Tailor every set — never submit generic form interrogatories without case-specific customization
- Proportionality — each interrogatory must satisfy FRCP 26(b)(1) relevance and proportionality
- Avoid objection bait — do not draft overbroad, unduly burdensome, or privilege-invading questions
- Strategic sequencing — front-load questions yielding deposition and settlement value
- Check local rules — some jurisdictions mandate pattern interrogatories (e.g., California DISC-001) or impose different limits
- Contention timing — some courts defer contention interrogatories to late discovery; flag for attorney review if served early