IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS
[DIVISION NO.] DIVISION
[PLAINTIFF NAME],
Plaintiff,
v. Case No. [CASE NO.]
[DEFENDANT NAME],
Defendant.
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT
(Propounded pursuant to Ark. R. Civ. P. 26 & 33)
[// GUIDANCE: This template is drafted for Arkansas state-court litigation. Verify the current version of the Arkansas Rules of Civil Procedure and any applicable local rules before use.]
I. INTRODUCTORY STATEMENT
Plaintiff [PLAINTIFF NAME] propounds the following Interrogatories to Defendant [DEFENDANT NAME] (the “Responding Party”). Each Interrogatory must be answered separately, fully, and in writing under oath within the time allowed by Ark. R. Civ. P. 33—i.e., within thirty (30) days after service (forty-five (45) days if served with the Summons and Complaint)—unless the parties stipulate or the Court orders otherwise.
II. DISCOVERY LIMITATIONS
- Numerosity. Pursuant to Ark. R. Civ. P. 33(a), no party may serve more than thirty (30) Interrogatories, including discrete sub-parts, on any other party without leave of Court or stipulation.
- Additional Discovery. Plaintiff expressly reserves the right to seek leave of Court to serve additional interrogatories should information obtained in discovery so warrant.
[// GUIDANCE: If your scheduling order modifies these default limits, edit this section accordingly.]
III. DEFINITIONS
For purposes of these Interrogatories, the following terms shall have the meanings set forth below:
- “Action” means the above-captioned lawsuit, Case No. [CASE NO.].
- “Communication” means every manner of transmitting or receiving information, including oral, written, and electronic correspondence, telephone calls, meetings, text messages, and social-media posts.
- “Document” is defined to be co-extensive with Ark. R. Civ. P. 34 and includes electronically stored information (“ESI”) in any form.
- “Identify”—
a. When used with respect to a natural person, means to state the person’s full name, last known address and telephone number, and the person’s employer and title at all times relevant to the Interrogatory.
b. When used with respect to a business entity, means to state its full legal name, jurisdiction of formation, principal place of business, and the name and title of its chief executive officer.
c. When used with respect to a document, means to state the author(s), date, type of document, general subject matter, and present custodian. - “Incident” means the events giving rise to the claims and defenses in this Action, occurring on or about [DATE] at [LOCATION].
- “Person” means any natural person or entity, including corporations, partnerships, limited-liability companies, governmental agencies, and unincorporated associations.
[// GUIDANCE: Add, delete, or refine definitions to fit the case.]
IV. GENERAL INSTRUCTIONS
A. Duty to Supplement. These answers must be seasonably supplemented in accordance with Ark. R. Civ. P. 26(e).
B. Scope. Unless otherwise specified, each Interrogatory seeks information from the earliest date relevant to the claims in this Action through the present.
C. Privilege & Work-Product. If any information responsive to an Interrogatory is withheld on the basis of privilege or work-product protection, identify the subject matter, date, and type of communication or document, the author and recipient(s), and the privilege asserted, sufficient to allow the demanding party to assess the claim, consistent with Ark. R. Civ. P. 26(b)(5).
D. Objections. State all grounds for objection with specificity. Any ground not stated is waived.
E. Computation of Time. The period for response is computed under Ark. R. Civ. P. 6.
F. Continuation. If additional space is required to answer an Interrogatory, continue the response on a separate sheet and reference the Interrogatory number.
V. INTERROGATORIES
Interrogatory No. 1
Identify all Persons who have knowledge of any facts alleged in the pleadings, and for each Person state the subject matter of the knowledge and your relationship to that Person.
Interrogatory No. 2
State the factual basis for each affirmative defense asserted in your Answer, including identification of all Documents and Persons that support each defense.
Interrogatory No. 3
Describe in detail how the Incident occurred, stating each act or omission by any Person that you contend caused or contributed to Plaintiff’s alleged damages.
Interrogatory No. 4
Identify all Documents concerning the Incident, including but not limited to photographs, video recordings, diagrams, and written statements.
Interrogatory No. 5
Identify every Communication between you and Plaintiff (or anyone acting on Plaintiff’s behalf) relating to the claims in this Action.
Interrogatory No. 6
State the name, address, and telephone number of each expert witness you expect to call at trial and summarize the subject matter of each expert’s testimony, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion.
Interrogatory No. 7
Itemize all categories of damages you seek or expect to seek in this Action, including the method of computation for each category and identification of the Documents supporting each computation.
Interrogatory No. 8
Identify all insurance agreements under which any Person carrying on an insurance business may be liable to satisfy part or all of any judgment entered in this Action or to indemnify or reimburse for payments made to satisfy any judgment.
Interrogatory No. 9
Describe any repairs, modifications, or remedial measures taken by you or on your behalf following the Incident, including the date, nature of the measures, and Persons involved.
Interrogatory No. 10
Identify any prior claims, lawsuits, or administrative proceedings involving similar allegations against you within the last ten (10) years, stating the caption, case number, court or agency, and disposition.
Interrogatory No. 11
State whether you have been convicted of or pleaded guilty to any felony or crime of dishonesty within the past ten (10) years. If so, identify the jurisdiction, case number, and date of conviction or plea.
Interrogatory No. 12
List all Persons who have given written or recorded statements regarding the Incident, and for each state the date of the statement, whether it was transcribed or recorded, and the present custodian of the statement.
Interrogatory No. 13
If you contend that any Person other than you or Plaintiff is wholly or partly responsible for Plaintiff’s alleged damages, identify that Person and state the facts supporting such contention.
Interrogatory No. 14
Identify any surveillance, videotape, audiotape, photograph, or other recording of Plaintiff related to the claims in this Action.
Interrogatory No. 15
Describe each policy, procedure, guideline, or training material in effect at the time of the Incident that is relevant to Plaintiff’s allegations, stating the date adopted, any revisions, and the Persons responsible for implementation.
Interrogatory No. 16
State the names, job titles, and responsibilities of all employees, agents, or contractors present at the scene of the Incident on [DATE].
Interrogatory No. 17
Identify all Persons contacted by you to investigate or adjust Plaintiff’s claim and summarize each Person’s involvement.
Interrogatory No. 18
Describe with particularity any physical evidence you contend substantiates your defenses, including its location and custodian.
Interrogatory No. 19
State the factual basis for any contention that Plaintiff failed to mitigate damages, identifying all Documents and Persons supporting that contention.
Interrogatory No. 20
Identify any settlement offers made by or to you concerning Plaintiff’s claims, stating the date, amount, and terms of each offer.
Interrogatory No. 21
If you have destroyed, altered, or lost any Documents or ESI potentially relevant to this Action, identify the Document or ESI, date of destruction/alteration/loss, the reason, and the Person responsible.
Interrogatory No. 22
For each Computation of damages you contend Plaintiff cannot recover, identify the legal basis for your contention and all Documents supporting it.
Interrogatory No. 23
Describe any liens, subrogation interests, or third-party claims that may be asserted against any recovery by Plaintiff, and identify the lienholder or claimant.
Interrogatory No. 24
Identify all witnesses you may call at trial who are not experts, providing a summary of the facts and opinions to which each witness is expected to testify.
Interrogatory No. 25
State the name and address of the Person(s) preparing the answers to these Interrogatories and the source of information relied upon for each answer.
[// GUIDANCE: This set contains 25 interrogatories (under the 30-interrogatory limit). Add up to five additional interrogatories as needed, ensuring compliance with Rule 33.]
VI. VERIFICATION
text
STATE OF __ )
COUNTY OF _ ) ss.
I, _______, being duly sworn, state that I am the [TITLE/POSITION] of [DEFENDANT NAME]; that I have read the foregoing Answers to Interrogatories, know the contents thereof, and that the same are true and correct to the best of my knowledge, information, and belief.
[NAME], for [DEFENDANT NAME]
Subscribed and sworn to before me this ___ day of ____, 20__.
Notary Public
My Commission Expires: ______
[// GUIDANCE: Arkansas requires answers to interrogatories to be verified by the responding party, not merely signed by counsel.]
VII. CERTIFICATE OF SERVICE
text
I hereby certify that on this ___ day of ____, 20__, a true and correct copy of the foregoing Plaintiff’s First Set of Interrogatories to Defendant was served upon the following counsel of record by [SPECIFY METHOD—e.g., electronic filing, email, or first-class mail]:
[NAME & ADDRESS OF COUNSEL]
[ATTORNEY NAME], Ark. Bar No. [#####]
Counsel for Plaintiff
[// GUIDANCE:
1. Review local rules for required discovery conference reports or discovery dispute procedures.
2. Consider entering a protective order if confidential information is expected.
3. Tailor interrogatories to the factual and legal issues of the case to avoid objections for overbreadth or undue burden.
4. If electronic service is used, confirm that all parties have consented under Ark. R. Civ. P. 5.]