State Court Discovery - Interrogatories

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ALABAMA

[PLAINTIFF] (Plaintiff),
v.
[DEFENDANT] (Defendant).

CIVIL ACTION NO.: [##-CV-20##-#####]

__________________________________________

DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFF

__________________________________________

Effective Date: [DATE OF SERVICE]

TABLE OF CONTENTS

1. Document Header
2. Preliminary Statement
3. Definitions
4. General Instructions
5. General Objections & Privilege Preservation
6. Specific Interrogatories (Nos. 1–25)
7. Verification
8. Certificate of Service

1. DOCUMENT HEADER

These Interrogatories are propounded by Defendant to Plaintiff pursuant to Ala. R. Civ. P. 33 and are to be answered fully, in writing, and under oath within the time prescribed by law (30 days after service, or 45 days after service of the summons and complaint if these Interrogatories accompany initial process). Ala. R. Civ. P. 33(a).

2. PRELIMINARY STATEMENT

Defendant submits these Interrogatories for the purpose of discovery. They are continuing in nature; if Plaintiff obtains additional responsive information, Plaintiff must serve supplemental answers promptly pursuant to Ala. R. Civ. P. 26(e).

3. DEFINITIONS

For purposes of these Interrogatories, the following terms shall have the meanings set forth below. Each defined term is capitalized and applies in both singular and plural forms.

1. “Action” means the above-captioned lawsuit.
2. “Communication” means any oral, written, or electronic transmission of information.
3. “Document” is defined to be synonymous in scope with the term used in Ala. R. Civ. P. 34 and includes ESI (electronically stored information).
4. “Identify” (with respect to a natural person) means to state the person’s full name, last known address, telephone number, and employer.
5. “Identify” (with respect to a Document) means to state (a) title or description, (b) date, (c) author(s) or sender(s), (d) recipient(s), and (e) present location or custodian.
6. “Person” means any natural person, entity, or legal organization.
7. “Plaintiff,” “Defendant,” “You,” and “Your” refer to the parties so named in the caption, including their agents, employees, representatives, and attorneys.

4. GENERAL INSTRUCTIONS

1. Time for Response: Serve written, sworn answers within the deadline mandated by Ala. R. Civ. P. 33(a).
2. Manner of Response: Restate each Interrogatory in full, followed immediately by the complete answer or specific objection.
3. Construction: Construe each Interrogatory broadly to elicit all responsive information that is not privileged.
4. Duty to Supplement: You must seasonably amend or supplement any answer that is or becomes incomplete or incorrect. Ala. R. Civ. P. 26(e).
5. Privilege Log: If any information is withheld on a claim of privilege or work-product protection, provide a privilege log that complies with Ala. R. Civ. P. 26(b)(5), identifying the nature of the information withheld sufficient to enable assessment of the claim.
6. Discovery Limits: Absent court order or stipulation, the ARCP imposes no fixed numerical limit on Interrogatories. Nevertheless, these Interrogatories do not exceed forty (40) discrete inquiries, inclusive of sub-parts, to remain within commonly adopted limits.
7. Continuing Nature: These Interrogatories are deemed continuing; supplemental answers are required.
8. Electronically Stored Information: Identify the format(s) in which ESI is kept and will be produced.

5. GENERAL OBJECTIONS & PRIVILEGE PRESERVATION

Defendant incorporates the following objections into each specific response, subject to the duty to provide responsive, non-privileged information:

1. Attorney-client privilege;
2. Work-product doctrine;
3. Materials prepared in anticipation of litigation;
4. Information protected by privacy, proprietary, or confidentiality interests;
5. Overbreadth, undue burden, or lack of proportionality (Ala. R. Civ. P. 26(b)(1)).

6. SPECIFIC INTERROGATORIES

Interrogatory No. 1

Identify every person known to You who has knowledge or information relating to the facts alleged in the pleadings, and for each such person state the subject matter of his or her knowledge.

Interrogatory No. 2

State in complete detail the factual basis for each allegation of negligence, breach, or wrongful conduct asserted against Defendant in the Complaint.

Interrogatory No. 3

Identify and describe each Document that supports, contradicts, or otherwise relates to the allegations in the Complaint, including its present custodian and location.

Interrogatory No. 4

Itemize and compute each category of damages You seek in this Action, stating the method of calculation and identifying all Documents upon which You rely.

Interrogatory No. 5

Identify every Communication between You and Defendant (or any agent of Defendant) concerning the subject matter of this Action.

Interrogatory No. 6

Describe in detail any investigation conducted by or on behalf of Plaintiff regarding the events giving rise to this Action, including the identity of investigators and all resulting reports.

Interrogatory No. 7

Identify all insurance agreements under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment in this Action or to indemnify or reimburse for payments made to satisfy the judgment.

Interrogatory No. 8

State the name, address, and specialty of each expert witness You expect to call at trial, the subject matter on which the expert is expected to testify, and the substance of the facts and opinions to which the expert is expected to testify.

Interrogatory No. 9

If You contend that Defendant was the cause of any personal injury to You, describe in detail the nature of each injury, all medical treatment received, and the identity of each treating health-care provider.

Interrogatory No. 10

Identify all photographs, video recordings, or other visual depictions relating to the incident or damages alleged, stating the date taken, the photographer/videographer, and present custodian.

Interrogatory No. 11

List all prior claims, lawsuits, or administrative proceedings in which You have been a party within the past ten (10) years, stating the nature of each claim, the court or agency, and the disposition.

Interrogatory No. 12

Identify any statements (written, recorded, or transcribed) that You or anyone acting on Your behalf has obtained from any witness regarding the subject matter of this Action.

Interrogatory No. 13

State whether You have executed any releases, settlements, or covenants not to sue relating to the matters alleged, and identify all Documents evidencing same.

Interrogatory No. 14

Describe each item of property damage You claim, including original cost, age, condition before the event, cost of repair or replacement, and salvage value.

Interrogatory No. 15

Identify all social-media accounts You have maintained during the relevant period and describe any postings, photographs, or communications on such accounts that relate to the allegations in this Action.

Interrogatory No. 16

State the full factual basis for each affirmative defense asserted by You in any responsive pleading.

Interrogatory No. 17

Identify all Persons who were present at the scene of the incident alleged in the Complaint and describe their roles or involvement.

Interrogatory No. 18

State whether You consumed alcohol, medication, or drugs within twelve (12) hours preceding the incident, and if so, identify the type and quantity consumed.

Interrogatory No. 19

Itemize all lost wages, salary, or other income You claim, stating the calculation method, employer(s), dates absent, and rate(s) of pay.

Interrogatory No. 20

Identify any safety rules, regulations, statutes, or industry standards You contend Defendant violated and describe how each alleged violation contributed to Your claimed damages.

Interrogatory No. 21

Describe any physical, mental, or emotional condition pre-existing the incident that You contend was aggravated by Defendant’s conduct.

Interrogatory No. 22

State the date, time, and circumstances under which You first became aware of each alleged defect or hazardous condition that forms the basis of Your claims.

Interrogatory No. 23

Identify all Persons who have provided You with funding or financial assistance for litigation expenses in this Action.

Interrogatory No. 24

If You contend Defendant made any admissions against interest, identify the Person making the admission, the date, substance, and to whom it was made.

Interrogatory No. 25

Identify every fact witness You intend to call at trial and provide a summary of the substance of each witness’s expected testimony.

7. VERIFICATION

I, ____________________________________________, being first duly sworn, state that I am the Plaintiff in the above-styled cause; that I have read the foregoing answers to Interrogatories and, to the best of my knowledge, information, and belief, they are true and correct.

Date: ______________________ __________________________________
[PLAINTIFF NAME]

STATE OF ALABAMA )
) ss.
COUNTY OF ____________ )

Subscribed and sworn to before me this _____ day of ________________, 20__.

__________________________________
Notary Public
My Commission Expires: ____________

8. CERTIFICATE OF SERVICE

I certify that on the ___ day of ____________, 20__, I served the foregoing Defendant’s First Set of Interrogatories to Plaintiff on counsel of record via [METHOD OF SERVICE CONSISTENT WITH ARCP 5], addressed as follows:

[Name and address of opposing counsel]

__________________________________
[ATTORNEY NAME]
Counsel for Defendant
[Ala. Bar No. ####-X##X]
[Firm Name]
[Street Address]
[City, State ZIP]
[Phone] | [Email]