How to Respond to Interrogatory Questions

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.

There are 7 references cited in this article, which can be found at the bottom of the page.

This article has been viewed 84,339 times.

Interrogatories are written questions sent to someone involved in a legal matter. These questions are usually sent by the opposing party and must be directly related to the matter at hand. Your responses must be truthful, complete, and returned in a timely manner. If you are represented by an attorney, they will guide you through the process. If you are representing yourself, there are several details and strategies you need to keep in mind when responding to interrogatories.

Previewing the Interrogatories

Begin working on your responses as soon as you receive the interrogatories. In most courts, you must submit your responses to interrogatories within 30 days from the date they are delivered to you or your attorney. Recall that this time includes meeting with your attorney (if you have one), collecting relevant documents, reviewing and preparing your answers, typing the response, reviewing the responses with your attorney, copying the responses, and delivering them to the other party. It’s not a lot of time, so get started right away. [1] X Research source [2] X Trustworthy Source Civil Law Help Center Nonprofit law firm dedicated to civil legal services to all people Go to source

Discuss the interrogatories with your attorney, if you have one. If you have an attorney, then most likely they received the interrogatories and have sent them to you with instructions to answer them. They probably already identified the ones that deserve legal objections, and they will handle that part of it. You should sit with your attorney, read through the questions together, and briefly discuss what your answers will be for each one. Your attorney can guide you to make sure that your answers are consistent and appropriate for your overall case. [3] X Trustworthy Source Civil Law Help Center Nonprofit law firm dedicated to civil legal services to all people Go to source

• Reviewing related documents will allow you to form answers that are complete and accurate.
• Make sure that you understand each question before you answer it. If you are uncertain about a particular question, consult with your attorney.

• You are not required to conduct any special research in order to answer interrogatories, but you are expected to look up some information that you would reasonably have available.
• For example, suppose you are involved in a car accident case because your brakes didn’t work, and the other party asks you, “What was the number of accidents caused by brake failure in the U.S. in the past five years?” You should object, because you cannot be expected to look up this information.
• On the other hand, suppose you are asked, “How many times have you had your brakes serviced since you purchased the car?” This is a reasonable interrogatory. Even if it means that you may have to estimate or look through car repair receipts, you should answer it. In the end, if you truly don’t know, you could estimate or answer that you don’t know.

• Federal Rules of Civil Procedure, Rule Number 33, allows 25 questions, “including all discrete subparts.” This means that you can break a multiple part question into its parts and count each part. The Federal Rules will apply if your case is in Federal Court.
• State rules apply in state courts, and may allow more or fewer than the Federal Rules. In most states, the Rules of Civil Procedure will follow the same numbering structure as the Federal Rules of Civil Procedure. If Federal Rule Number 33 covers interrogatories, then in your state court’s rules it will probably also be Rule Number 33.
• For example, a question that says, “Identify each person who was present at the accident scene and describe what each person did immediately following the accident,” is really two questions: (1) Identify each person and (2) Describe what each person did following the accident. Count this interrogatory as two questions.

Identifying Objectionable Questions

Object when you need to. Interrogatories are a chance for either party to a lawsuit to get information from the other party by asking questions. However, there are some limits to what can be done with interrogatories, and if your opponent goes too far, don’t be afraid to raise an objection. If you are working with an attorney, they will probably point out the objections first. But if you have concerns, ask them about it. [7] X Research source

• An example of an impermissibly compound objection would be, "Name each person who was present at the accident, and for each person describe what they saw, give that person's address and work experience, and provide a history of the repairs that you have had done on the car."

• For example, if the question asks, “When did he do it?” without any more specification, you need to object because you cannot be expect to know who “he” is or what “it” is.

Challenge questions that assume facts that are not proven. For example, if a question asks, "What did the passenger in your car say when you ran through the red light?" is objectionable if it is not clear that you did run through the light.

• For example, if you are in a contract dispute case regarding a specific purchase, and you are given an interrogatory that says, “Please identify your annual income for the past three years and provide copies of tax returns,” this would be objectionable. Your income probably has nothing to do with the contract in question.

Ask your attorney about any objections that you consider. If you are represented by an attorney, then they, in fact, will be the one who is technically making the objections. Your role is to provide answers to questions. The attorney's role is to make legal objections.

Answering the Interrogatories

• An example of a standard list question might read, "List the names, business addresses, dates of employment, and rates of pay regarding all employers for whom you have worked over the past five years."
• Leaving information off your list can prevent various witnesses and evidence from being introduced. Moreover, if the information you omit is revealed during the trial, the validity of your testimony could be called into question.
• When asked for dates, be precise if possible, but do not guess. If you can only remember the month and year, then say so. If you can only remember the year, then say that. However, if you can readily find the answer for a precise date, you should do so.
• When necessary, go through your records to answer list questions as thoroughly as possible.
• If you know that there is information you are unable to recall and do not have records for, mention this fact after completing the rest of the list.

• For example, a yes-or-no question might ask something like, "Were you receiving treatment for any physical disability or sickness during the time of the complaint? If so, state the nature of the condition, the type of treatment, the date you began treatment, and the physician in charge of your treatment."
• If your answer is "no," all you need to do is write "no." Do not answer the second part of the question.
• If your answer is "yes," you will need to answer the second part of the question with information that is both thorough and accurate.

• An example of a narrative question could be something like, "Describe in detail the actions you performed leading up to the accident mentioned in the complaint, including the known results of each action."
• Provide brief answers that address all of the points raised in the question while mentioning little else. Do not include irrelevant details, and make sure that your answers do not shift the blame for an incident to yourself.
• If you are asked to answer what you could have done to avoid an accident or incident, don't guess or speculate on what actions you may have taken. It is better to write, "There was nothing I could do to prevent it” or even simply “I don’t know what else could have been done.”
• If describing injuries, mention any and all injuries linked to the incident, including those you believe to be minor. Remember that any facts you leave out of your interrogatory answers might not later be admitted in court.

• In the final preparation stage for trial, there will be a time for each party to provide a full list of witnesses and exhibits that are going to be used at the trial. Your list of witnesses or exhibits at this time should match whatever information you previously provided in responses to interrogatories. If they don’t match, your opponent could raise an objection and delay the trial or prevent your witness from testifying.

Preparing Your Final Response

• Either party may serve interrogatories on any other party in the case.
• It is permissible to send more than one set of interrogatories, as long as the total number of questions does not exceed the number allowed by the rules of civil procedure. So, for instance, a party could send the “First Set of Interrogatories” that contains ten initial questions, and then after reviewing the answers to those questions, submit a “Second Set of Interrogatories” with fifteen additional, more specific questions.
• If you have an attorney representing you, then you probably will not need to worry about this step. You will just provide the answers, and the attorney or their staff will make sure that the page is set up correctly.

• Legible handwritten replies may also be sent but are not preferred.
• Generally, for legibility, your responses should be double-spaced and printed on one side of the page only.
• If possible, without becoming overly burdensome, you should retype each interrogatory and follow the question with your answer. In most courts, repeating the question is not required, but it is helpful and generally expected, to make reviewing the answers easier. Your response will look something like this:
  • INTERROGATORY NO. 1:
  • ANSWER NO. 1:
  • INTERROGATORY NO. 2:
  • ANSWER NO. 2:

  

  • INTERROGATORY NO. 17: Identify the make and model of the car you were driving at the time of the accident, and provide the number of similar accidents involving that make and model car in the U.S. for the past year.
  • ANSWER NO. 17: I was driving a 2013 Honda Accord. I object to the remainder of the question as it requests information that is overly broad, irrelevant to this case, and calls for additional factual research.

  

  • If you are represented by an attorney, and the attorney provided language for any objections, then the attorney will also sign in support of those objections.
  • Some attorneys disagree on whether you need to include the words “under oath” in your statement. As long as your answers really are true, you should probably include the “under oath” language. If your answers are intentionally false (i.e., you are lying), and you sign the statement “under oath,” then you could be charged with the crime of perjury. If you tell the truth, to the best of your ability, you have nothing to worry about. The rule on this may differ from state to state as well.
  • In some states, your answers may need to be signed in front of a notary as well.

  

  • The original must be sent directly to the requesting attorney or self-represented party who sent the interrogatories.
  • In some cases, there may be more than one plaintiff, or more than one defendant. You need to send a copy of your responses to everyone involved in the case.

  

  • The exact deadline can vary if the judge presiding over the case decides to set a different time limit. In such instances, the new deadline should be clearly stated when the interrogatory is delivered to you.
  • If you have a valid reason for being unable to meet the deadline, speak to your attorney about the possibility of requesting an extension. If you are not represented by an attorney, then call the other party (or their attorney) directly and discuss an extension. Most attorneys will be reasonable about discovery, if you act reasonably as well.
  • If you fail to complete and return the interrogatory by the deadline, the court could sanction you or take other legal action against you. If you are just late, then at first, the court may just order you to answer. But if you continue to delay or refuse to answer, the court could order a financial fine against you, could limit your ability to present certain evidence or witnesses, or take some other action that the judge thinks is appropriate.
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  1. ↑https://www.federalrulesofcivilprocedure.org/frcp/title-v-disclosures-and-discovery/rule-33-interrogatories-to-parties/
  2. ↑https://www.civillawselfhelpcenter.org/self-help/lawsuits-for-money/discovery-stage-getting-the-information-you-need/245-responding-to-the-other-sides-request-for-information#how-to-answer-interrogatories
  3. ↑https://www.civillawselfhelpcenter.org/self-help/lawsuits-for-money/discovery-stage-getting-the-information-you-need/245-responding-to-the-other-sides-request-for-information#how-to-answer-interrogatories
  4. ↑https://www.dicarlolaw.com/DiscoveryTechniques.html
  5. ↑https://www.dicarlolaw.com/DiscoveryTechniques.html
  6. ↑https://www.federalrulesofcivilprocedure.org/frcp/title-v-disclosures-and-discovery/rule-33-interrogatories-to-parties/
  7. ↑https://www.federalrulesofcivilprocedure.org/frcp/title-v-disclosures-and-discovery/rule-33-interrogatories-to-parties/
  8. ↑https://www.saclaw.org/wp-content/uploads/sbs-discovery-responding-to-interrogatories.pdf
  9. ↑https://www.saclaw.org/wp-content/uploads/sbs-discovery-responding-to-interrogatories.pdf
  1. ↑https://www.saclaw.org/wp-content/uploads/sbs-discovery-responding-to-interrogatories.pdf
  2. ↑https://www.idonotwanttobeyourlawyer.com/how-to-answer-interrogatories/
  3. ↑https://www.idonotwanttobeyourlawyer.com/how-to-answer-interrogatories/
  4. ↑https://www.idonotwanttobeyourlawyer.com/how-to-answer-interrogatories/
  5. ↑https://www.avvo.com/legal-guides/ugc/the-four-ws-of-interrogatory-responses
  6. ↑https://www.avvo.com/legal-guides/ugc/the-four-ws-of-interrogatory-responses
  7. ↑https://www.federalrulesofcivilprocedure.org/frcp/title-v-disclosures-and-discovery/rule-33-interrogatories-to-parties/
  8. ↑https://www.civillawselfhelpcenter.org/self-help/lawsuits-for-money/discovery-stage-getting-the-information-you-need/245-responding-to-the-other-sides-request-for-information#how-to-answer-interrogatories
  9. ↑https://www.federalrulesofcivilprocedure.org/frcp/title-v-disclosures-and-discovery/rule-33-interrogatories-to-parties/
  10. ↑https://www.federalrulesofcivilprocedure.org/frcp/title-v-disclosures-and-discovery/rule-33-interrogatories-to-parties/
  11. ↑https://www.saclaw.org/wp-content/uploads/sbs-discovery-responding-to-interrogatories.pdf
  12. ↑https://www.federalrulesofcivilprocedure.org/frcp/title-v-disclosures-and-discovery/rule-33-interrogatories-to-parties/
  13. ↑http://www.civillawselfhelpcenter.org/self-help/lawsuits-for-money/discovery-stage-getting-the-information-you-need/245-responding-to-the-other-sides-request-for-information#how-to-answer-interrogatories

  About This Article

  Co-authored by:

  This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 84,339 times.

  18 votes - 96% Co-authors: 7 Updated: August 13, 2024 Views: 84,339 Categories: Law Studies | Court Practice and Procedure

  Responding to interrogatory questions might feel nerve-wracking, but as long as you’re truthful, complete, and return them in a timely manner, all should go smoothly. Interrogatories are written questions involving a legal matter. When you get them, look them over immediately since you only have 30 days to respond. If you have an attorney, go through the questions together, briefly discuss your answers, and identify if any are objectionable. For example, contest questions that are vague, ask multiple questions, or assume facts. As you answer the questions, keep narrative ones concise, answer “yes-or-no” questions simply, and complete “list” questions as thoroughly as possible. To learn how to properly format your questions, keep reading!

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  "I am a legal assistant, and found the advice on this page to be very useful in my own work preparing discovery responses." . " more