State Court Discovery - Interrogatories

SUPERIOR COURT OF THE STATE OF CALIFORNIA

[COUNTY NAME] COUNTY
UNLIMITED CIVIL JURISDICTION
____________________________________________________

[PLAINTIFF NAME], │
 Plaintiff, │
│ Case No.: [CASE NO.]
vs. │
│ [PLAINTIFF/DEFENDANT]’S
[DEFENDANT NAME], │ SPECIAL INTERROGATORIES
 Defendant. │ (SET ONE) TO [PARTY]
____________________________________________________

[ASSIGNED JUDGE]: Hon. [NAME]
Dept.: [DEPT.]
Action Filed: [MM/DD/YYYY]
Trial Date: [MM/DD/YYYY]
____________________________________________________

TABLE OF CONTENTS

1. Preliminary Statement & Statutory Compliance
2. Definitions
3. General Instructions
4. Special Interrogatories (Nos. 1-__[##]__)
5. Reservation of Rights & Privileges
6. Verification
7. Proof of Service by [Mail / Electronic Transmission]
8. (Optional) Declaration of Necessity for Additional Interrogatories

1. PRELIMINARY STATEMENT & STATUTORY COMPLIANCE

1.1 Propounding Party: “[PROPONDING PARTY]”
1.2 Responding Party: “[RESPONDING PARTY]”
1.3 Set Number: One
1.4 Governing Statute: California Code of Civil Procedure §§ 2030.010-2030.410 (the “Interrogatory Statute”).
1.5 Numerical Limit Compliance: Pursuant to Cal. Code Civ. Proc. § 2030.030(a), the total number of special interrogatories propounded herein does not exceed thirty-five (35), exclusive of official form interrogatories.
 

1.6 Response Deadline: Responses shall be served within thirty (30) days after service of these interrogatories, plus any statutory extensions for method of service, as provided in Cal. Code Civ. Proc. § 2030.260.

2. DEFINITIONS

Unless the context requires otherwise, the following definitions apply:

2.1 “Action” means the above-captioned lawsuit and all related claims, defenses, counterclaims, and cross-claims.
2.2 “Document” and “Writing” have the broadest meaning permitted under Evidence Code § 250 and include electron­ically stored information (“ESI”).
2.3 “Communication” means any transmission of information, whether oral, written, electronic, or otherwise.
2.4 “You” or “Your” refers to the Responding Party, including all agents, employees, representatives, and anyone acting or purporting to act on the Responding Party’s behalf.
2.5 The singular includes the plural and vice-versa; the masculine, feminine, and neuter include each other.

3. GENERAL INSTRUCTIONS

3.1 Scope & Duty to Respond: Respond fully, separately, and in writing under oath, pursuant to §§ 2030.220-2030.250.
3.2 Continuing Obligation: These interrogatories are deemed continuing; supplemental responses are required under § 2030.070 if new information is discovered.
3.3 Privilege & Work-Product: For any information withheld on the basis of privilege or attorney work-product, provide the information required by § 2030.240(b), including a privilege log identifying the nature of the information withheld.
3.4 Manner of Computation: Where an interrogatory calls for a computation, identify all formulas, assumptions, and documents relied upon.
3.5 Electronically Stored Information: Identify with specificity the ESI systems searched, custodians, search terms, and date ranges used.
3.6 Objections: State each objection separately and with particularity. Do not combine multiple objections unless each applies. If an objection is partial, answer the interrogatory to the extent not objectionable.

4. SPECIAL INTERROGATORIES (SET ONE)

Liability-Related

1. Identify each person who witnessed the incident alleged in Paragraph [X] of the Complaint.
2. State all facts supporting YOUR contention that [PROPONDING PARTY] was comparatively negligent.
3. Describe in detail the policies and procedures in effect on [DATE] concerning [SUBJECT MATTER].

Damages-Related

4. Itemize all medical expenses YOU claim resulted from the incident, including provider, date of service, and amount billed.
5. State the total amount of lost earnings YOU claim, including calculation methodology.

Insurance & Indemnity

6. Identify all liability insurance policies (including excess or umbrella) that may cover any judgment in this Action. Include carrier, policy number, limits, and reservation-of-rights status.

Expert Contentions

7. For each expert YOU intend to call at trial, state the expert’s name, field of expertise, and the general substance of testimony expected.

Affirmative Defenses

8. State all facts supporting YOUR affirmative defense of [STATUTE OF LIMITATIONS / ESTOPPEL / ETC.].

…
__[Continue sequentially up to Interrogatory No. 35 (or higher with Declaration)]__

5. RESERVATION OF RIGHTS & PRIVILEGES

Propounding Party expressly reserves all rights to propound additional discovery, including depositions and requests for production. Nothing herein shall be construed as a waiver of any right, privilege, or objection available under law.

6. VERIFICATION

I, [NAME], am the [TITLE/POSITION] of [RESPONDING PARTY]. I have read the foregoing responses to the Special Interrogatories and declare under penalty of perjury under the laws of the State of California that the responses are true and correct of my own knowledge, except as to matters stated on information and belief, and as to those matters I believe them to be true.

Executed on ______, 20__, at ____________, California.

____________________________________  
[NAME]  
[Title/Capacity]

7. PROOF OF SERVICE BY [MAIL / E-SERVICE]

I am a resident of or employed in the County of __________, State of California. I am over the age of 18 and not a party to the within action. My business address is [ADDRESS].

On [DATE], I served the within:
  SPECIAL INTERROGATORIES (SET ONE) TO [RESPONDING PARTY]

on the interested parties in this action by [method—e.g., depositing true copies thereof enclosed in sealed envelopes with postage fully prepaid in the United States mail] addressed as follows:

  [NAME & ADDRESS OF COUNSEL OF RECORD]

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [DATE] at [CITY], California.

____________________________________  
[NAME OF DECLARANT]

8. (OPTIONAL) DECLARATION OF NECESSITY FOR ADDITIONAL INTERROGATORIES

[Include only if propounding more than 35 special interrogatories.]

I, [ATTORNEY NAME], declare as follows:

1. I am an attorney duly licensed to practice before all courts of the State of California and counsel of record for [PROPONDING PARTY] in this Action.  
2. I am aware of the numerical limit of thirty-five (35) special interrogatories set forth in Cal. Code Civ. Proc. § 2030.030(a).  
3. This set contains ____ special interrogatories.  
4. Good cause exists for propounding more than thirty-five interrogatories because [SPECIFIC FACTUAL BASIS—e.g., “the Action involves multiple parties, complex product-liability issues, and extensive damages claims”].  
5. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ______, 20__, at ____________, California.

____________________________________  
[ATTORNEY NAME]  
Attorney for [PROPONDING PARTY]

END OF DOCUMENT

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[// GUIDANCE SUMMARY:
• Ensure total interrogatories ≤ 35 absent a Declaration of Necessity.
• Serve a separate, attorney-signed Declaration if exceeding the statutory cap.
• Calendar response deadline: 30 days + 5 days if served by mail (or as extended under CCP §§ 1010.6 & 1013).
• Remind client to provide complete, verified answers; unverified responses are tantamount to no response.
• Maintain a privilege log that complies with CCP § 2030.240 to preserve objections.]