Form Interrogatories - Employment

FORM INTERROGATORIES — EMPLOYMENT

Before you use this: This set is drafted for a federal district court case. Select only questions relevant and proportional to the pleaded claims and defenses, delete the others, renumber the set, and check the discovery order. Under Fed. R. Civ. P. 33(a)(1), the default limit is 25 interrogatories including discrete subparts. California state court has its own approved employment form, DISC-002.

IN THE UNITED STATES DISTRICT COURT

FOR THE [DISTRICT NAME] DISTRICT OF [STATE]

Case No.: [CASE NUMBER]

[PROPOUNDING PARTY]'S FIRST SET OF INTERROGATORIES TO [RESPONDING PARTY]

Propounding party: [NAME]

Responding party: [NAME]

Set number: [NUMBER]

Date served: [__/__/____]

Under Fed. R. Civ. P. 33, [PROPOUNDING PARTY] serves the following interrogatories on [RESPONDING PARTY]. The responding party must serve answers and any objections within 30 days after service, unless a Rule 29 stipulation or court order sets a different time. Answers to nonobjected portions must be separate, full, written, and under oath; objections must state specific grounds. Fed. R. Civ. P. 33(b)(2)–(5).

DEFINITIONS AND SCOPE

1. YOU means the responding party. An organizational party must provide information available to it through the officer or agent answering under Rule 33(b)(1)(B).

2. PLAINTIFF means [PLAINTIFF NAME]. DEFENDANT means [DEFENDANT NAME].

3. CHALLENGED ACTION means [IDENTIFY THE EMPLOYMENT DECISION OR CONDUCT AT ISSUE, WITH DATE OR DATE RANGE].

4. RELEVANT PERIOD means [START DATE] through [END DATE]. Use a period supported by the case and the discovery order.

5. IDENTIFY A PERSON means state the person's name, last known work contact information, and role relevant to the question, to the extent known after reasonable inquiry.

The requests seek nonprivileged information relevant to a claim or defense and proportional to the needs of the case. Fed. R. Civ. P. 26(b)(1). A materially incomplete or incorrect response must be supplemented under the conditions in Rule 26(e)(1); this set does not impose a broader continuing duty.

INTERROGATORIES

INTERROGATORY NO. 1: State Plaintiff's dates of employment with Defendant.

INTERROGATORY NO. 2: Identify each position Plaintiff held during the Relevant Period and the dates held.

INTERROGATORY NO. 3: Identify each person who supervised Plaintiff during the Relevant Period.

INTERROGATORY NO. 4: Identify each person who decided the Challenged Action.

INTERROGATORY NO. 5: State every reason Defendant contends supported the Challenged Action.

INTERROGATORY NO. 6: State the facts Defendant contends support the reason identified in its answer to Interrogatory No. 5.

INTERROGATORY NO. 7: Identify each person with knowledge of the facts supporting the Challenged Action.

INTERROGATORY NO. 8: Identify each policy or procedure Defendant applied when taking the Challenged Action.

INTERROGATORY NO. 9: Identify each document Defendant contends supports the Challenged Action by title, date, and custodian.

INTERROGATORY NO. 10: Identify each employee Defendant contends was similarly situated to Plaintiff for the Challenged Action.

INTERROGATORY NO. 11: For each employee identified in response to Interrogatory No. 10, state how Defendant treated that employee with respect to the Challenged Action.

INTERROGATORY NO. 12: Identify each complaint about the conduct at issue that Defendant received from Plaintiff during the Relevant Period.

INTERROGATORY NO. 13: For each complaint identified in response to Interrogatory No. 12, state the action Defendant took in response.

INTERROGATORY NO. 14: Identify each person who investigated a complaint identified in response to Interrogatory No. 12.

INTERROGATORY NO. 15: State the findings of any investigation identified in response to Interrogatory No. 14.

INTERROGATORY NO. 16: Identify each request by Plaintiff for an accommodation related to the pleaded claims that Defendant received during the Relevant Period.

INTERROGATORY NO. 17: For each request identified in response to Interrogatory No. 16, state Defendant's response.

INTERROGATORY NO. 18: Identify each request by Plaintiff for leave related to the pleaded claims that Defendant received during the Relevant Period.

INTERROGATORY NO. 19: For each request identified in response to Interrogatory No. 18, state Defendant's response.

INTERROGATORY NO. 20: State the facts supporting Defendant's pleaded [IDENTIFY ONE SPECIFIC AFFIRMATIVE DEFENSE] relating to the Challenged Action.

SIGNATURE

Signed after reasonable inquiry under Fed. R. Civ. P. 26(g)(1).

Date: [__/__/____]

[SIGNATURE OF ATTORNEY OF RECORD OR UNREPRESENTED PARTY]

[NAME AND BAR NUMBER, IF APPLICABLE]

[ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER]

SERVICE RECORD

I served these interrogatories on [NAME OF COUNSEL OR UNREPRESENTED PARTY] on [__/__/____] by [METHOD PERMITTED BY RULE 5(b), CONSENT, OR COURT ORDER] at [SERVICE ADDRESS OR ELECTRONIC DESTINATION].

[SIGNATURE OF PERSON WHO SERVED]

STATE-SPECIFIC NOTES

California

For a California state court employment case, use or consult the Judicial Council's official Form Interrogatories—Employment Law, DISC-002, and apply current California procedure and the case order.

Texas

For a Texas state court case, replace the federal rule references, response time, and discovery limit with current Texas rules and the case order.

Florida

For a Florida state court case, replace the federal rule references, response time, and discovery limit with current Florida rules and the case order.

New York

For a New York state court case, replace the federal rule references, response time, and discovery limit with current New York rules and the case order.