FEDERAL DISCOVERY — INTERROGATORIES (FRCP RULE 33)

Overview

This template provides a comprehensive set of interrogatories for use in United States District Court civil actions under the Federal Rules of Civil Procedure. Under Fed. R. Civ. P. 33(a)(1), a party may serve no more than 25 written interrogatories, including all discrete subparts, on any other party without leave of court or written stipulation. Responses must be served within 30 days after service. See Fed. R. Civ. P. 33(b)(2). Answers must be made in writing, under oath, by the party or an officer or agent of the party.

The 25-interrogatory limit was adopted because Rule 26(a)(1)-(3) initial disclosures eliminate the need for many routine interrogatories. Courts construe the term "discrete subpart" to mean subparts that are not logically or factually subsumed within the primary question. Practitioners should carefully count subparts and consider whether leave of court is needed.

CASE CAPTION

IN THE UNITED STATES DISTRICT COURT

FOR THE [________________________________] DISTRICT OF [________________________________]

[________________________________] DIVISION

Civil Action No.: [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

ATTORNEY INFORMATION

Attorney for Propounding Party:

PLAINTIFF'S [____] SET OF INTERROGATORIES TO DEFENDANT

TO: [________________________________] ("Responding Party"), by and through counsel of record.

I. INTRODUCTORY STATEMENT

Plaintiff [________________________________] ("Propounding Party"), by and through undersigned counsel, pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P."), hereby propounds the following Interrogatories to Defendant [________________________________] ("Responding Party").

Response Deadline: The Responding Party must serve written answers and any objections within thirty (30) days after service of these Interrogatories, or within such other period as ordered by the Court or stipulated by the parties. Fed. R. Civ. P. 33(b)(2).

Interrogatory Limit: This set contains [____] interrogatories, including all discrete subparts. Under Fed. R. Civ. P. 33(a)(1), a party may serve no more than 25 written interrogatories, including all discrete subparts, on any other party without leave of court or written stipulation. The Propounding Party reserves the right to serve additional interrogatories upon leave of court or stipulation.

Sanctions for Failure to Respond: Failure to respond adequately and timely may result in sanctions under Fed. R. Civ. P. 37, including an order compelling answers, an award of reasonable expenses and attorney fees, preclusion of evidence, or other relief as the Court deems just. Under Fed. R. Civ. P. 37(a)(5), the court must require the party whose conduct necessitated the motion to pay the movant's reasonable expenses, including attorney fees, unless the nondisclosure was substantially justified or other circumstances make an award unjust.

II. DEFINITIONS

For purposes of these Interrogatories, the following terms shall have the meanings set forth below, regardless of capitalization, tense, or singular/plural usage:

A. "Action" means the above-captioned lawsuit, including all claims, counterclaims, cross-claims, defenses, and third-party claims.

B. "Communication" means every manner or form of disclosure, exchange, or transfer of information, whether oral, written, electronic, or otherwise, including but not limited to letters, memoranda, emails, text messages, instant messages, social media posts or direct messages, telephone calls, voicemails, video conferences, webinars, and in-person conversations.

C. "Concerning," "Relating to," or "Regarding" means referring to, describing, evidencing, constituting, reflecting, mentioning, or in any way logically or factually connected with the matter discussed.

D. "Date" means the exact day, month, and year, or if unknown, the best available approximation.

E. "Document" has the broadest meaning permitted under Fed. R. Civ. P. 34(a) and includes electronically stored information ("ESI") of every kind and in every format, including but not limited to writings, drawings, graphs, charts, photographs, audio recordings, video recordings, digital files, metadata, databases, spreadsheets, and any other data compilations from which information can be obtained or translated into reasonably usable form.

F. "Identify" or "Identification" means:
- (i) When used with reference to a natural person: state the person's full legal name, present or last known home address, present or last known telephone number, present employer and job title, and relationship (if any) to any party in this Action.
- (ii) When used with reference to a corporation, partnership, or legal entity: state its full legal name, place of incorporation or organization, principal place of business, and the identity of a representative with knowledge of the subject matter.
- (iii) When used with reference to a Document: state its title or description, date, author(s), recipient(s), type (e.g., letter, email, memo, report), Bates number(s) or other identifying information, and present custodian or location.
- (iv) When used with reference to a Communication: state the date, all participants, the mode (e.g., telephone, email, in-person meeting), and substance of the Communication.

G. "Person" means any natural person, corporation, partnership, limited liability company, association, governmental entity, or any other legal entity.

H. "Subject Incident" means the events, transactions, or occurrences that form the basis of the claims alleged in the Complaint, occurring on or about [__/__/____] at [________________________________].

I. "You," "Your," or "Responding Party" means [________________________________], including all present and former parents, subsidiaries, affiliates, predecessors, successors, officers, directors, employees, agents, representatives, and attorneys.

J. "Relevant Period" means [__/__/____] through the present date, unless otherwise specified in a particular Interrogatory.

III. INSTRUCTIONS AND GENERAL PROVISIONS

A. Rule 33 Compliance. Each answer must be made separately and fully, in writing, under oath. The person who makes the answers must sign them, and the attorney who objects must sign any objections. Fed. R. Civ. P. 33(b)(3), (5).

B. Objections. For each interrogatory to which an objection is made, state all grounds with specificity. If an interrogatory is objected to in part, answer the unobjectionable portion. Fed. R. Civ. P. 33(b)(4). Boilerplate or blanket objections without specific factual support are disfavored and may be deemed waived.

C. Privilege Claims. If any information is withheld on the basis of privilege, work-product protection, or other immunity from disclosure, provide a privilege log that complies with Fed. R. Civ. P. 26(b)(5)(A), expressly making the claim and describing the nature of the documents, communications, or tangible things not produced or disclosed — and doing so in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the claim.

D. Duty to Supplement. The Responding Party must supplement or correct its responses in a timely manner if it learns that a response is incomplete or incorrect in some material respect, and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing. Fed. R. Civ. P. 26(e)(1).

E. Sources of Information. Your answers shall include all information within Your possession, custody, or control, including information available through Your agents, representatives, attorneys, and all other Persons acting on Your behalf.

F. Scope of Discovery. These interrogatories seek information within the scope of Fed. R. Civ. P. 26(b)(1) — i.e., information that is relevant to any party's claim or defense and proportional to the needs of the case, considering the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.

G. Construction. The singular includes the plural and vice versa. The masculine includes the feminine and vice versa. The terms "and" and "or" shall be construed inclusively (i.e., "and/or"). Words shall be given their broadest reasonable meaning.

H. Time Period. Unless otherwise specified, each Interrogatory covers the Relevant Period as defined above.

I. Business Records Option. Under Fed. R. Civ. P. 33(d), if the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing the responding party's business records (including ESI), and the burden of deriving or ascertaining the answer will be substantially the same for either party, the responding party may answer by specifying the records that must be reviewed and giving the propounding party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries.

J. Contention Interrogatories. An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact. However, the court may order that the interrogatory need not be answered until designated discovery is complete, or until a pretrial conference or some other time. Fed. R. Civ. P. 33(a)(2).

IV. GENERAL INTERROGATORIES

INTERROGATORY NO. 1:
Identify each Person who participated in preparing, reviewing, or supplying information for Your answers to these Interrogatories, and for each such Person, state the specific Interrogatory or Interrogatories to which that Person contributed information.

INTERROGATORY NO. 2:
State the name, last known address, and telephone number of every Person likely to have discoverable information that You may use to support Your claims or defenses, and for each, summarize the subject matter of that information. See Fed. R. Civ. P. 26(a)(1)(A)(i).

INTERROGATORY NO. 3:
Describe in complete detail the factual basis for each affirmative defense asserted in Your Answer, including identification of all Documents, Communications, and Persons upon which You rely to support each defense.

INTERROGATORY NO. 4:
Describe in complete detail Your version of how the Subject Incident occurred, including the chronological sequence of events, all actions taken by each participant, all statements made at or near the time, and the conditions at the time and place of the incident.

INTERROGATORY NO. 5:
Identify every expert witness You have retained or specially employed to provide testimony in this Action, or whose duties as Your employee regularly involve giving expert testimony, and for each, state:
- (a) The subject matter on which the expert is expected to testify;
- (b) The facts and opinions to which the expert is expected to testify;
- (c) A summary of the grounds for each opinion;
- (d) The expert's qualifications, including publications in the preceding ten years;
- (e) All cases in which the expert has testified at trial or by deposition in the preceding four years; and
- (f) The compensation to be paid for the expert's study and testimony.

INTERROGATORY NO. 6:
Identify all insurance agreements under which any Person carrying on an insurance business may be liable to satisfy all or part of a judgment in this Action, or to indemnify or reimburse for payments made to satisfy such judgment. See Fed. R. Civ. P. 26(a)(1)(A)(iv). For each policy, state:
- (a) The insurer name and address;
- (b) The policy number;
- (c) Effective dates and coverage period;
- (d) Per-occurrence and aggregate limits of liability;
- (e) Deductible or self-insured retention amounts; and
- (f) Any reservation of rights letters issued.

INTERROGATORY NO. 7:
State the total amount of damages You contend You have sustained (or will sustain) as a result of the events alleged in the pleadings, and describe in detail the methodology, computations, and all Documents used to arrive at each category of damages. See Fed. R. Civ. P. 26(a)(1)(A)(iii).

INTERROGATORY NO. 8:
For each allegation in the Complaint that You deny, state the factual basis for the denial and identify all Documents and Communications supporting the denial.

INTERROGATORY NO. 9:
If You contend that any third party is wholly or partially responsible for the damages alleged in this Action, identify each such third party and describe in detail the factual and legal basis for such contention, including all Documents and Communications supporting the claim.

INTERROGATORY NO. 10:
Describe all Communications between You and any third party Concerning the claims or defenses in this Action during the Relevant Period, including the date, participants, mode, and subject matter of each Communication.

INTERROGATORY NO. 11:
Identify each Person who was involved in negotiating, drafting, reviewing, or approving [________________________________] (the relevant agreement, contract, or document at issue), and describe each Person's role and the dates of their involvement.

INTERROGATORY NO. 12:
Describe with particularity all steps You have taken to preserve Documents and ESI relevant to this Action, including:
- (a) The date and manner of issuance of any litigation hold notice;
- (b) The custodians to whom holds were directed;
- (c) The data sources subject to the hold;
- (d) Any modifications to routine document retention or destruction practices; and
- (e) Whether any potentially relevant Documents or ESI have been destroyed, lost, or overwritten after the duty to preserve arose, and if so, the circumstances thereof.

INTERROGATORY NO. 13:
Identify and describe all internal investigations, reviews, audits, or inquiries conducted by You or at Your direction Relating to the allegations in the Complaint or the Subject Incident, including:
- (a) The date(s) of the investigation;
- (b) The individuals who conducted or participated in the investigation;
- (c) The conclusions or findings reached; and
- (d) Any corrective or remedial actions taken as a result.

INTERROGATORY NO. 14:
If You contend that Plaintiff failed to mitigate damages, state all facts upon which You base that contention, identify all Persons with knowledge of such facts, and identify all Documents supporting the contention.

INTERROGATORY NO. 15:
Describe any remedial, corrective, or preventive actions You have taken in response to the events giving rise to this Action, including the dates such actions were implemented, the individuals responsible for implementing them, and the reasons for taking such actions.

INTERROGATORY NO. 16:
If You contend that venue is improper in this Court, state all facts supporting that contention and identify all Documents and Communications supporting same.

INTERROGATORY NO. 17:
Identify all facts, Documents, and Communications that support Your contention that You acted reasonably and in good faith with respect to [________________________________] (the disputed action or omission at issue).

INTERROGATORY NO. 18:
Describe all policies, procedures, guidelines, protocols, or training materials in effect during the Relevant Period that relate to [________________________________] (subject matter at issue), and identify all Persons responsible for creating, implementing, or enforcing each such policy.

INTERROGATORY NO. 19:
If You contend that any claim asserted by Plaintiff is barred by the statute of limitations, laches, estoppel, waiver, or any other affirmative defense, identify each statute, rule, or doctrine relied upon and state all facts supporting its applicability.

V. CASE-SPECIFIC INTERROGATORIES

The following blank interrogatories are provided for case-specific questions. Number them consecutively following the General Interrogatories above. Ensure the cumulative total of all interrogatories, including discrete subparts, does not exceed 25 under Fed. R. Civ. P. 33(a)(1) — or obtain leave of court or a written stipulation for additional interrogatories.

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

VI. VERIFICATION / OATH

I, [________________________________], declare under penalty of perjury pursuant to 28 U.S.C. Section 1746 that I am duly authorized to make this Verification; that I have read the foregoing Answers to Interrogatories and know the contents thereof; and that the answers contained therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [________________________________] (city, state).

Signature: [________________________________]

Printed Name: [________________________________]

Title/Capacity: [________________________________]

VII. CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [________________________________], 20[____], I caused the foregoing Plaintiff's [____] Set of Interrogatories to Defendant to be served upon all counsel of record via the method(s) indicated below:

Counsel for Defendant:

Method of Service: (Select all that apply)

☐ CM/ECF electronic filing and service
☐ Email to [________________________________]
☐ First-class United States mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Hand delivery
☐ Overnight courier service
☐ Other: [________________________________]

Service was made in accordance with Fed. R. Civ. P. 5(b) and applicable local rules.

Signature: [________________________________]

[________________________________], Esquire
Bar Number: [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (Telephone)
[________________________________] (Email)
Counsel for Plaintiff

VIII. PRACTICE NOTES AND GUIDANCE

A. The 25-Interrogatory Limit

Under Fed. R. Civ. P. 33(a)(1), a party may serve no more than 25 written interrogatories, including all discrete subparts, on any other party. The limit was adopted in the 1993 amendments because Rule 26(a) initial disclosures reduce the need for interrogatories that previously sought routine identification information. The limit applies per party — a plaintiff may serve 25 interrogatories on each defendant.

Counting Subparts: Courts are split on how to count subparts. The majority approach treats a subpart as discrete (and therefore separately counted) if it calls for information that is not logically or factually subsumed within the primary question. Practitioners should draft interrogatories conservatively and assume subparts will be counted separately.

B. Leave of Court for Additional Interrogatories

Under Fed. R. Civ. P. 33(a)(1), leave of court is required to serve more than 25 interrogatories. Courts apply the proportionality factors of Fed. R. Civ. P. 26(b)(1) in deciding whether to grant leave. Many local rules require a showing of good cause.

C. Local Rules

IMPORTANT: Many federal districts have local rules that modify or supplement Rule 33 practice. Common local rule provisions include:
☐ Different interrogatory limits (some districts allow fewer than 25)
☐ Specific formatting requirements
☐ Mandatory meet-and-confer requirements before filing discovery motions
☐ Standing orders from individual judges regarding discovery procedures
☐ Word count or page limitations on interrogatories
☐ Requirements to file or not file discovery materials with the court

Always check the local rules for the specific district and the assigned judge's standing orders.

D. Response Deadlines

• Standard deadline: 30 days after service. Fed. R. Civ. P. 33(b)(2).
• Stipulated extensions: Parties may stipulate to extensions under Fed. R. Civ. P. 29, but stipulations extending discovery deadlines in a scheduling order require court approval.
• Service by mail: Add 3 days per Fed. R. Civ. P. 6(d) when service is made by mail, leaving with the clerk, or electronic means.

E. Initial Disclosures and Interrogatories

Under Fed. R. Civ. P. 26(a)(1), parties must make initial disclosures identifying witnesses, documents, damage computations, and insurance agreements — without waiting for a discovery request. Practitioners should review initial disclosures before drafting interrogatories to avoid wasting questions on information already disclosed.

F. Contention Interrogatories

Fed. R. Civ. P. 33(a)(2) expressly permits interrogatories asking for opinions or contentions that relate to fact or the application of law to fact. However, courts may defer answers to contention interrogatories until after other discovery is completed. Contention interrogatories are powerful tools for narrowing issues before trial.

G. Business Records Option

Under Fed. R. Civ. P. 33(d), if the answer may be derived from business records and the burden is substantially the same for both parties, the responding party may specify the records and provide access. The responding party must specify the records in sufficient detail to permit the propounding party to locate and identify them as readily as the responding party could.

H. Motion to Compel

If the responding party fails to answer or provides evasive or incomplete answers, move to compel under Fed. R. Civ. P. 37(a). The motion must include a certification that the movant has in good faith conferred or attempted to confer with the opposing party in an effort to obtain the discovery without court action. Fed. R. Civ. P. 37(a)(1).

I. Sanctions

Under Fed. R. Civ. P. 37, sanctions for failure to comply with discovery orders may include:
☐ An order compelling disclosure or discovery
☐ An award of reasonable expenses, including attorney fees (Fed. R. Civ. P. 37(a)(5))
☐ An order establishing designated facts as admitted (Fed. R. Civ. P. 37(b)(2)(A)(i))
☐ An order precluding the disobedient party from supporting or opposing claims or defenses (Fed. R. Civ. P. 37(b)(2)(A)(ii))
☐ An order striking pleadings (Fed. R. Civ. P. 37(b)(2)(A)(iii))
☐ An order staying proceedings until compliance (Fed. R. Civ. P. 37(b)(2)(A)(iv))
☐ An order dismissing the action or entering default judgment (Fed. R. Civ. P. 37(b)(2)(A)(v)-(vi))
☐ Contempt of court (Fed. R. Civ. P. 37(b)(2)(A)(vii))

J. E-Discovery and ESI

Under Fed. R. Civ. P. 26(f), parties must confer and develop a discovery plan addressing ESI issues, including:
☐ Preservation obligations and litigation holds
☐ Forms of production (native format, TIFF, PDF, etc.)
☐ Search methodologies (keyword searches, predictive coding, TAR)
☐ Cost allocation for ESI production
☐ Clawback agreements for inadvertently produced privileged materials (Fed. R. Evid. 502(d))
☐ Sources of ESI that are not reasonably accessible because of undue burden or cost (Fed. R. Civ. P. 26(b)(2)(B))

IX. SOURCES AND REFERENCES

• Fed. R. Civ. P. 33 — Interrogatories to Parties (https://www.law.cornell.edu/rules/frcp/rule_33)
• Fed. R. Civ. P. 26 — Duty to Disclose; General Provisions Governing Discovery (https://www.law.cornell.edu/rules/frcp/rule_26)
• Fed. R. Civ. P. 29 — Stipulations About Discovery Procedure
• Fed. R. Civ. P. 34 — Producing Documents, ESI, and Tangible Things
• Fed. R. Civ. P. 37 — Failure to Make Disclosures or to Cooperate in Discovery; Sanctions (https://www.law.cornell.edu/rules/frcp/rule_37)
• Fed. R. Civ. P. 5(b) — Service; How Made
• Fed. R. Civ. P. 6(d) — Additional Time After Certain Kinds of Service
• 28 U.S.C. Section 1746 — Unsworn Declarations Under Penalty of Perjury
• Federal Rules of Civil Procedure (full text) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure)
• Advisory Committee Notes to the 1993 Amendments to Rule 33

This template is designed for use in United States District Court civil actions. Practitioners must verify all rule citations against the current version of the Federal Rules of Civil Procedure and check applicable local rules and standing orders for the specific district and assigned judge before filing. Always consult with a qualified attorney admitted to practice in the relevant federal court before using this template in a legal proceeding.