Alaska State Court Discovery Interrogatories

ALASKA STATE COURT DISCOVERY INTERROGATORIES

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT AT [________________________________]

Case No.: [________________________________]

[PLAINTIFF'S / DEFENDANT'S] FIRST SET OF INTERROGATORIES TO [OPPOSING PARTY]

ATTORNEY INFORMATION

TABLE OF CONTENTS

1. Introductory Statement and Authority
2. Definitions
3. Instructions
4. General Interrogatories (Nos. 1-18)
5. Case-Specific Interrogatories
6. Certificate of Service
7. Practice Notes
8. Sources and References

I. INTRODUCTORY STATEMENT AND AUTHORITY

[________________________________] ("Propounding Party"), by and through undersigned counsel, hereby propounds the following Interrogatories upon [________________________________] ("Responding Party") pursuant to Rule 33 of the Alaska Rules of Civil Procedure ("Alaska R. Civ. P.").

Count and deadline control. Rule 33(a) ordinarily permits no more than 30 interrogatories, including discrete subparts, without court leave or written stipulation. Rule 33(b)(3) ordinarily gives 30 days after service for answers and objections, subject to a different period directed by the court or agreed to in writing under Rule 29. Before service, enter the count in this set and any earlier sets [____], any order or written stipulation changing the limit or deadline [DETAILS / NONE], service date and method [DETAILS], and calculated response date under Rule 6 [DATE]. Check Rule 26(d) for when interrogatories may first be served.

Supplementation control. Rule 26(e)(2) requires a party to seasonably amend a materially incomplete or incorrect interrogatory response when the corrective information has not otherwise been made known during discovery or in writing. Any additional order or agreement is [DETAILS / NONE].

II. DEFINITIONS

For purposes of these Interrogatories, the following terms shall have the meanings set forth below. These definitions apply throughout regardless of capitalization:

A. "Action" means the above-captioned lawsuit pending in the Superior Court for the State of Alaska.

B. "Communication" means any oral, written, or electronic transmission of information, including but not limited to letters, memoranda, emails, text messages, instant messages, social media posts or messages, voicemails, telephone calls, video conferences, meetings, and face-to-face conversations.

C. "Concerning," "Relating to," or "Regarding" means directly or indirectly mentioning, referencing, describing, reflecting, evidencing, constituting, or in any way pertaining to the identified subject matter.

D. "Document" has the broadest meaning permitted under Alaska R. Civ. P. 34(a) and includes all writings, drawings, graphs, charts, photographs, sound recordings, images, electronically stored information ("ESI"), and other data or data compilations stored in any medium from which information can be obtained, translated, or converted into a reasonably usable form.

E. "Identify" or "State the Identity of" means:

• (i) For a natural person: state full legal name, all known aliases, present or last-known residential address, telephone number, email address, current employer, job title, and relationship to any party in this Action;
• (ii) For a business entity: state the full legal name, form of organization, state of formation, principal place of business address, and the identity of the individual(s) most knowledgeable about the subject matter;
• (iii) For a document: state the title or description, date, author(s), recipient(s), type (e.g., email, letter, report), Bates number (if applicable), and present custodian or location.

F. "Incident" means the events, occurrences, transactions, or omissions giving rise to this litigation as described in the Complaint filed on [__/__/____].

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

H. "You," "Your," or "Responding Party" means [________________________________], including information reasonably available to that party through its current officers, employees, or agents acting for it, subject to applicable privilege and trial-preparation protection.

III. INSTRUCTIONS

1. Answering Under Oath. Each Interrogatory must be answered separately and fully, in writing, under oath, unless objected to. If the Responding Party is a corporation, partnership, association, or governmental agency, the answers are made by an officer or agent who furnishes information available to the party. See Alaska R. Civ. P. 33(a), (b).

2. Form of Answers. Rule 33(a) requires sufficient space for answers on the interrogatory form; Rule 33(b)(1) requires each answer to be separate, full, and under oath unless objected to. The person answering signs the answers, and the attorney signs objections under Rule 33(b)(2).

3. Objections. Rule 33(b)(4) requires all grounds for an objection to be stated with specificity; an unstated ground is waived unless the court excuses the failure for good cause. If an Interrogatory is objectionable in part, answer the unobjectionable portion under Rule 33(b)(1).

4. Privilege or Trial-Preparation Protection. Under Rule 26(b)(5), a party withholding otherwise discoverable information on these grounds must expressly claim the protection and describe the nature of the withheld material sufficiently for other parties to assess the claim, without revealing the protected information.

5. Option to Produce Business Records. Where the answer to an Interrogatory may be derived or ascertained from business records and the burden of deriving the answer is substantially the same for either party, Responding Party may specify the records in sufficient detail and afford Propounding Party a reasonable opportunity to examine and copy them. See Alaska R. Civ. P. 33(d).

6. Rules of Construction. The singular includes the plural and vice versa. "Including" means "including but not limited to." Read each question according to its ordinary meaning and the limits of Rule 26(b).

7. Time Period. Unless otherwise specified, each Interrogatory covers the period from [__/__/____] through [__/__/____], subject to Rule 26(b)'s scope and limits.

8. Computation of Time. All time periods shall be computed in accordance with Alaska R. Civ. P. 6.

IV. GENERAL INTERROGATORIES

INTERROGATORY NO. 1: Identification of Responding Party

State Your full legal name, all other names or aliases used during the past ten (10) years, date of birth, current residential address, current business address, all telephone numbers, and all email addresses used during the past five (5) years.

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 2: Persons Assisting in Preparation

Identify every Person who assisted, in whole or in part, in preparing the answers to these Interrogatories, and for each such Person, describe the subject matter of his or her contribution.

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 3: Fact Witnesses

Identify every Person who You believe has knowledge of any facts relevant to the claims or defenses in this Action, and for each such Person, describe the subject matter of his or her knowledge.

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 4: Factual Basis of Affirmative Defenses

State the complete factual basis for each affirmative defense asserted in Your Answer, identifying all Documents and witnesses that support each defense.

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 5: Factual Basis of Denials

For each material allegation in the Complaint that You denied in Your Answer, state the factual and legal basis for Your denial, and identify all Documents and witnesses supporting Your position.

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 6: Description of Incident

Describe in detail Your version of the Incident, including the date, time, location, weather conditions (if relevant), sequence of events, all Persons present or involved, all actions taken, and all conditions or circumstances You believe are relevant.

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 7: Insurance Coverage

Identify all insurance policies, excess or umbrella policies, or self-insured retention arrangements under which any insurer may be liable to satisfy all or part of a judgment in this Action or to indemnify or reimburse You for payments made to satisfy such judgment. For each, state: (a) the insurer's name and address; (b) the policy number; (c) the type of coverage; (d) the effective dates; (e) the limits of liability; (f) any applicable deductibles or self-insured retentions; and (g) any reservation-of-rights positions taken.

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 8: Expert Witnesses

Identify each expert witness You expect to call at trial and the subject matter of the expected testimony. For any retained or specially employed testifying expert subject to Rule 26(a)(2)(B), identify the report and the opinions, bases, qualifications, and compensation disclosed there. This question does not seek facts or opinions of a non-testifying consulting expert except upon the showing required by Rule 26(b)(4)(B).

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 9: Statements and Recordings

Identify nonprivileged statements obtained by You or on Your behalf concerning the Incident or a pleaded issue in this Action. For each, state the date, declarant, and present custodian or location, subject to Rule 26(b)(3) and (b)(5).

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 10: Prior Litigation

Identify every lawsuit, claim, arbitration, or administrative proceeding within the last ten (10) years in which You have been a party involving claims or facts similar to those in this Action. For each, state: (a) the case caption; (b) the court or agency; (c) the docket or case number; (d) the nature of the claims; and (e) the disposition or current status.

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 11: Damages

If You assert any counterclaim or seek damages of any kind, itemize and describe each category of damages claimed, including: (a) the amount claimed; (b) the method of calculation; and (c) the identity of all Documents and witnesses supporting each category.

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 12: Mitigation of Damages

If You contend that the Propounding Party failed to mitigate damages, state all facts supporting that contention, identify all Documents and witnesses supporting Your position, and explain the specific steps You contend should have been taken.

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 13: Third-Party Fault

If You contend that any Person other than Yourself caused or contributed to the damages alleged, identify each such Person and describe the factual and legal basis for that contention.

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 14: Communications with Propounding Party

Identify all Communications between You and the Propounding Party (or their agents or representatives) Concerning the subject matter of this Action. For each Communication, state: (a) the date; (b) the participants; (c) the medium; and (d) the substance.

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 15: Document Preservation

Describe all efforts undertaken by You to identify, preserve, and collect Documents and ESI relevant to this Action, including: (a) the date any litigation hold was issued; (b) the Person(s) responsible for overseeing preservation; (c) the scope of the hold; and (d) whether any potentially responsive information has been lost, destroyed, or deleted, and if so, the circumstances.

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 16: Investigations

Identify all investigations conducted by You or on Your behalf concerning the Incident or any claim or defense in this Action. For each, state: (a) the investigator's identity; (b) the dates of investigation; (c) the scope; and (d) the conclusions or findings (to the extent not privileged).

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 17: Photographs and Media

Identify all photographs, videos, audio recordings, surveillance footage, or other media recordings relating to the Incident, any party, or any issue in this Action. For each, state: (a) the date created; (b) the creator or source; (c) the subject matter; and (d) the present custodian or location.

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. 18: Remedial Measures and Safety Policies

Describe any repairs, modifications, changes in policy or procedure, or other remedial measures taken after the Incident that relate to any issue in this Action. Additionally, describe all safety policies, procedures, or training programs that were in effect at the time of the Incident and are relevant to this Action. Identify all Documents embodying such measures and policies.

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

V. CASE-SPECIFIC INTERROGATORIES

INTERROGATORY NO. [____]:

[________________________________]

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

Answer (continue on an attached sheet if needed):

[________________________________]

[________________________________]

VI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing [Plaintiff's/Defendant's] First Set of Interrogatories to [Opposing Party] upon the persons listed below by the method(s) indicated, in accordance with Alaska R. Civ. P. 5(b):

Method of Service:

☐ Court-authorized electronic service [system / order / authority: ________________________________]

☐ United States First-Class Mail, postage prepaid

☐ Hand Delivery

☐ Email to a person who consented to this method under Rule 5.1(c)

☐ Other: [________________________________]

Served Upon:

Signature: [________________________________]

[________________________________]
Attorney for [Plaintiff/Defendant]
Alaska Bar No. [________________________________]
[________________________________] (Firm)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

VII. PRACTICE NOTES

1. Oath Requirement. Rule 33(b)(1) requires each interrogatory to be answered separately and fully in writing under oath unless objected to; under Rule 33(b)(2), the answering person signs the answers and counsel signs objections.

2. Motion to Compel. If Responding Party fails to respond or provides evasive or incomplete answers, the Propounding Party may move under Rule 37(a). A motion to compel an interrogatory answer must include certification of a good-faith effort to confer or attempt to confer under Rule 37(a)(2)(B).

3. Sanctions. Rule 37(d) addresses a failure to serve interrogatory answers or objections after proper service. Rule 37(b)(2) addresses disobedience of a discovery order; its more severe sanctions require the findings stated in Rule 37(b)(3).

4. Filing. Under Rule 5(d)(2), interrogatories ordinarily are served but may not be filed with the court unless filing is ordered or they are used in the proceedings.

5. Case Order. Check the assigned judge's orders for changes to discovery limits, timing, or service.

VIII. SOURCES AND REFERENCES

• Alaska Rules of Civil Procedure, Rules 5, 5.1, 6, 26, 33, 34, 37: https://courts.alaska.gov/rules/docs/civ.pdf
• Alaska Court System, Court Rules: https://courts.alaska.gov/rules/index.htm