State Court Discovery - Interrogatories

DISTRICT COURT, [COUNTY] COUNTY, COLORADO

Court Address: [COURT ADDRESS]

Plaintiff(s): [PLAINTIFF NAME(S)],
v.
Defendant(s): [DEFENDANT NAME(S)].

Case No.: [CASE NUMBER]
Courtroom: [COURTROOM]

______________________________________________________________________________

PLAINTIFF’S FIRST SET OF INTERROGATORIES
TO DEFENDANT [DEFENDANT NAME] PURSUANT TO
C.R.C.P. 26, C.R.C.P. 33, AND APPLICABLE LAW
______________________________________________________________________________

TABLE OF CONTENTS

1. Recitals & Jurisdiction ............................................................................... 1
2. Definitions .................................................................................................... 1
3. General Instructions ............................................................................... 2
4. Interrogatories (Nos. 1-[##]) .................................................................. 4
5. Verification ............................................................................................... [X]
6. Certificate of Service ............................................................................. [X]

1. RECITALS & JURISDICTION

1.1 Pursuant to Colo. R. Civ. P. 26 and 33, Plaintiff propounds the following Interrogatories (“Interrogatories” or individually, an “Interrogatory”) to Defendant [DEFENDANT NAME] (“Defendant”).

1.2 These Interrogatories are continuing in nature. If Defendant obtains additional responsive information after serving answers, Defendant must supplement or amend its answers in accordance with C.R.C.P. 26(e).

1.3 The Interrogatories are subject to the discovery limitations set forth in C.R.C.P. 26(b) and 33(a), including the presumptive limit of thirty (30) interrogatories, inclusive of discrete subparts, absent stipulation or leave of Court.

2. DEFINITIONS

For purposes of these Interrogatories, the following terms have the meanings set forth below. Undefined terms are to be given their customary meaning under the Colorado Rules of Civil Procedure.

“Agreement” means any contract, arrangement, understanding, or meeting of the minds, whether oral or written.

“Communication” means any transmission of information by any means, including oral, written, electronic, or otherwise.

“Document” and “ESI” (Electronically Stored Information) are used in the broadest sense allowable under C.R.C.P. 34(a) and include, without limitation, writings, drawings, graphs, charts, photographs, sound recordings, images, and data or data compilations.

“Identify” or “Identification” when referring to a
a. Person: provide the person’s full name, present or last-known address, telephone number, e-mail address, and relationship to any party.
b. Document/ESI: state the title, date, author(s), recipient(s), type (e.g., e-mail, memorandum), subject matter, present custodian, and Bates range (if applicable).

“You” or “Your” means Defendant [DEFENDANT NAME], together with all present and former directors, officers, employees, agents, representatives, insurers, and attorneys.

3. GENERAL INSTRUCTIONS

3.1 Answer each Interrogatory separately and fully, in writing and under oath, within thirty-five (35) days after service, except that a Defendant served with Interrogatories contemporaneously with the summons and complaint may respond within forty-two (42) days, as provided in C.R.C.P. 33(b)(3).

3.2 If an Interrogatory is objected to in whole or in part, state with specificity the grounds for objection and respond to the extent the Interrogatory is not objectionable. Boilerplate, generalized, or blanket objections are improper.

3.3 Where an Interrogatory requests information that is no longer within Defendant’s possession, custody, or control, identify the present custodian and explain why the information is unavailable.

3.4 Privilege & Work-Product.
a. If withholding information on the basis of any privilege or protection (including attorney-client, work-product, or joint-defense), expressly state the privilege invoked and furnish a privilege log identifying the nature of the information withheld in sufficient detail to allow evaluation of the claim, consistent with C.R.C.P. 26(b)(5)(A).
b. Disclosure of privileged information not intended to waive the privilege shall be handled under C.R.C.P. 26(b)(5)(B).

3.5 Incorporation by Reference. Do not answer an Interrogatory by reference to a pleading or another discovery response unless the answer is contained in a specific, identified paragraph or line thereof.

3.6 Business Records Option. If the burden of ascertaining the answer is substantially the same for either party, Defendant may produce business records in accordance with C.R.C.P. 33(d), identifying the responsive documents with sufficient specificity to permit Plaintiff to locate the information readily.

3.7 Continuing Duty. These Interrogatories are deemed continuing; Defendant must serve supplemental answers promptly upon learning of additional responsive information.

3.8 Computation of Time. Compute response deadlines in accordance with C.R.C.P. 6(a)–(d), including the provision of an additional three (3) days when service is made by U.S. mail.

3.9 Protective Orders. If Defendant believes that responsive information is confidential, Defendant shall seek a stipulated protective order or file a motion under C.R.C.P. 26(c) before withholding such information.

4. INTERROGATORIES

NOTE: To comply with the 30-interrogatory limit (inclusive of discrete subparts), delete or consolidate any Interrogatories exceeding that limit, or seek leave of court.

Interrogatory No. 1 – Parties and Witnesses

Identify every person with knowledge of facts relevant to the claims or defenses in this action, and for each, state the subject matter of that knowledge.

Interrogatory No. 2 – Insurance

State the name, address, policy number, limits of liability, and applicable coverage dates for every insurance agreement under which any insurer may be liable to satisfy all or part of a judgment entered in this action or to indemnify or reimburse Defendant.

Interrogatory No. 3 – Contentions

For each affirmative defense asserted in your pleadings, state all facts supporting the defense, identify all documents supporting those facts, and identify all persons with knowledge of those facts.

Interrogatory No. 4 – Communications

Describe each Communication pertaining to the allegations in the Complaint between Defendant and Plaintiff, including the date, participants, and substance of the Communication.

Interrogatory No. 5 – Document Identification

Identify every Document or ESI that relates to the subject matter of this lawsuit but has not yet been produced, stating its current location and custodian.

Interrogatory No. 6 – Damages Computation

If Defendant asserts any claim for damages or set-off, state the amount of each category of damages, the method of computation, and identify all supporting Documents.

Interrogatory No. 7 – Timeline

Provide a chronological statement of material events relevant to the subject matter of the Complaint, including dates, participants, and significance of each event.

Interrogatory No. 8 – Expert Information

Identify each expert whom Defendant expects to call at trial, stating the expert’s field of expertise, subject matter of testimony, opinions to be expressed, and the facts or data considered in forming each opinion.

Interrogatory No. 9 – Electronic Systems

Describe Defendant’s systems for creating, storing, archiving, and retrieving ESI, including but not limited to e-mail, databases, messaging platforms, and backup or disaster-recovery systems.

Interrogatory No. 10 – Preservation

State the steps Defendant took to preserve potentially relevant Documents and ESI once litigation was anticipated or commenced.

Interrogatory No. 11 – Contractual Relationships

Identify and describe all Agreements between Defendant and Plaintiff relevant to the allegations in the Complaint, stating the date, parties, and purpose of each Agreement.

Interrogatory No. 12 – Prior Claims & Litigation

Identify any civil, criminal, or administrative proceedings, past or pending, involving Defendant within the last [X] years that relate in any way to the allegations in this action.

Interrogatory No. 13 – Organizational Structure

Describe Defendant’s organizational structure, including parent companies, subsidiaries, and affiliates, for the relevant time period.

Interrogatory No. 14 – Financial Condition

State Defendant’s net worth at the close of the last fiscal year and identify Documents supporting that calculation.

Interrogatory No. 15 – Mitigation

State all efforts Defendant undertook to mitigate any damages alleged by Plaintiff, identifying relevant Documents and persons.

5. VERIFICATION

I, [NAME], being first duly sworn, state under oath that I am [TITLE/POSITION] for Defendant [DEFENDANT NAME]; that I have read the foregoing Answers to Interrogatories; and that the answers are true and complete to the best of my knowledge, information, and belief.

Date: ___________________ ______________________________________
[PRINTED NAME], for Defendant [DEFENDANT NAME]

STATE OF COLORADO )
) ss.
COUNTY OF [COUNTY] )

Subscribed and sworn to before me this ___ day of __________, 20__, by ________________________________.

Notary Public: __________________________
My Commission Expires: ________________

6. CERTIFICATE OF SERVICE

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 [DEFENDANT NAME] was served via [E-FILING / E-MAIL / U.S. MAIL] in accordance with C.R.C.P. 5 to the following:

• [OPPOSING COUNSEL NAME & ADDRESS]
• [ADDITIONAL RECIPIENTS]

__________________________________
[ATTORNEY NAME], # [BAR NUMBER]
Attorney for Plaintiff
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

IMPORTANT COLORADO-SPECIFIC NOTES

1. Numerical Limit: Absent court order or written stipulation, a party may not serve more than 30 interrogatories, including discrete subparts. See C.R.C.P. 33(a).

2. Response Deadline: The responding party must serve signed answers and any objections within 35 days after service (42 days if served with the summons and complaint). See C.R.C.P. 33(b)(3) & 6(a)–(d).

3. Privilege Log: Any claim of privilege must comply with C.R.C.P. 26(b)(5). Failure to produce an adequate log may result in waiver.

4. Proportionality: Discovery must be proportional to the needs of the case under C.R.C.P. 26(b)(1). Tailor interrogatories accordingly to minimize Rule 26(g) objections and potential cost-shifting.

5. Confidentiality: If information responsive to these Interrogatories is confidential, promptly seek entry of a protective order. Many Colorado District Courts provide model protective orders on their webpages.