Delaware State Court Discovery Interrogatories

DELAWARE STATE COURT DISCOVERY INTERROGATORIES

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

[________________________________] COUNTY

[________________________________],

Plaintiff,

v.

C.A. No.: [________________________________]

[________________________________],

Defendant.

PLAINTIFF'S FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANT [________________________________]

ATTORNEY INFORMATION

TABLE OF CONTENTS

1. Introductory Statement and Authority
2. Definitions
3. Instructions
4. General Interrogatories (Nos. 1-20)
5. Case-Specific Interrogatories
6. Verification / Oath
7. Certificate of Service
8. Practice Notes
9. Sources and References

I. INTRODUCTORY STATEMENT AND AUTHORITY

Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, hereby propounds the following Interrogatories upon Defendant, [________________________________] ("Defendant"), pursuant to Rules 26 and 33 of the Delaware Superior Court Rules of Civil Procedure ("Del. Super. Ct. Civ. R.").

Response Deadline. Pursuant to Del. Super. Ct. Civ. R. 33(b)(3), Defendant must serve written, sworn answers and any objections within thirty (30) days after service of these Interrogatories. If these Interrogatories are served together with the Summons and Complaint, Defendant shall serve answers within forty-five (45) days after service of the Summons and Complaint. The Court may allow a shorter or longer time.

Interrogatory Limit. Pursuant to Del. Super. Ct. Civ. R. 33(a), the total number of interrogatories, including all discrete sub-parts, shall not exceed the limit established by the Court's rules. This set contains [____] interrogatories (including all sub-parts), and does not exceed the applicable limit.

Continuing Obligation. These Interrogatories are continuing in nature. Defendant is required to supplement or amend answers in accordance with Del. Super. Ct. Civ. R. 26(e) if Defendant learns that any response is incomplete or incorrect in any material respect.

II. DEFINITIONS

Unless otherwise indicated, the following definitions apply to each Interrogatory herein. Defined terms are capitalized for ease of reference:

A. "Action" means the above-captioned civil action pending in the Superior Court of the State of Delaware.

B. "Communication" means any transfer of information (written, oral, or electronic) including, without limitation, letters, emails, text messages, instant messaging, voicemails, memoranda, social media posts or messages, facsimiles, telephone calls, video conferences, and face-to-face conversations.

C. "Concerning" means relating to, referring to, reflecting, evidencing, describing, regarding, or constituting, directly or indirectly.

D. "Document" is synonymous with the term used in Del. Super. Ct. Civ. R. 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.

E. "Identify" means:

• (i) For a natural person: state the individual's full legal name, all known aliases, present or last-known address, telephone number, email address, current employer and position at all times relevant;
• (ii) For a business entity: state the entity's full legal name, form of organization, state of incorporation or formation, principal place of business, and the identity of the natural person(s) answering on its behalf;
• (iii) For a document: state the title or description, date, author(s) and recipient(s), type (e.g., letter, email, report), Bates number (if assigned), and present custodian or location.

F. "Incident" means the events, occurrences, transactions, or omissions giving rise to this litigation as described in the Complaint.

G. "Party" or "Parties" means any named plaintiff or defendant in the Action, including their officers, directors, employees, agents, attorneys, and any other Persons acting or purporting to act on their behalf.

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

I. "You," "Your," or "Defendant" means [________________________________], together with all present and former officers, directors, managing members, employees, agents, representatives, insurers, attorneys, experts, subsidiaries, affiliates, predecessors, successors, and any other Person acting or purporting to act on behalf of Defendant.

J. Construction. The singular includes the plural and vice versa; words of one gender include all genders; and the connectives "and" and "or" are to be construed either disjunctively or conjunctively as necessary to bring within the scope of the Interrogatory all information that might otherwise be outside its scope. "Including" means "including but not limited to."

III. INSTRUCTIONS

1. Answering Under Oath. Each Interrogatory is to be answered separately, fully, and under oath by the Party to whom it is directed. Answers shall be signed by the responding Party and verified as set forth in the Verification section below. See Del. Super. Ct. Civ. R. 33(b)(1).

2. Form of Answers. Each answer must restate the full text of the corresponding Interrogatory immediately before the response. All answers must be restated as numbered and answered separately and fully.

3. Time Period. Unless otherwise specified, each Interrogatory seeks information for the period [__/__/____] through the present.

4. Supplementation. These Interrogatories are deemed continuing; Defendant is required to supplement or amend answers in accordance with Del. Super. Ct. Civ. R. 26(e) if Defendant learns that any response is incomplete or incorrect in any material respect.

5. Objections. If Defendant objects to any Interrogatory or portion thereof, state the specific ground(s) for objection and answer the remainder to the extent not objected to. All grounds for an objection must be stated with specificity, and any ground not stated in a timely objection is waived unless excused by the Court for good cause shown. Boilerplate or generalized objections are not permitted. See Del. Super. Ct. Civ. R. 33(b)(4).

6. Privilege Log. If information is withheld based on a claim of attorney-client privilege, work-product doctrine, or any other protection, provide a privilege log that complies with Del. Super. Ct. Civ. R. 26(b)(5), identifying each item withheld and the specific basis for the claim.

7. Inadvertent Production. Pursuant to Del. Super. Ct. Civ. R. 26(b)(5)(B) and Delaware Rule of Evidence 502(b), the inadvertent disclosure of privileged material shall not constitute a waiver if the producing Party promptly notifies the receiving Party and complies with applicable claw-back procedures.

8. Form of Production. When identifying Documents or ESI in an answer, provide Bates numbers if previously produced, or attach true and correct copies if not yet produced. For voluminous documents, reference their production location or Bates range.

9. Option to Produce Business Records. Where the answer may be derived or ascertained from business records and the burden of derivation is substantially the same for either party, Defendant may specify the records and afford Plaintiff a reasonable opportunity to examine and copy them. See Del. Super. Ct. Civ. R. 33(d).

10. Monetary Amounts and Dates. All monetary amounts must be stated in U.S. dollars, and all dates in month/day/year format unless otherwise indicated.

IV. GENERAL INTERROGATORIES

INTERROGATORY NO. 1: Persons Assisting in Preparation

Identify all Persons who participated in the preparation of Your Answers to these Interrogatories and state the subject matter of their involvement.

INTERROGATORY NO. 2: Fact Witnesses

Identify every Person believed or known by You to have knowledge of any facts concerning the allegations or defenses in the Action, and state the specific subject matter(s) of each Person's knowledge.

INTERROGATORY NO. 3: Factual Basis of Affirmative Defenses

Describe in detail the factual basis for each affirmative defense asserted in Your Answer or Responsive Pleading, identifying all Documents and witnesses supporting each defense.

INTERROGATORY NO. 4: Factual Basis of Denials

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

INTERROGATORY NO. 5: Description of Incident

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

INTERROGATORY NO. 6: Communications with Plaintiff

Identify all Documents Concerning any Communication between You and Plaintiff regarding the subject matter of the Action. For each Communication, state: (a) the date; (b) the participants; (c) the medium; and (d) the substance.

INTERROGATORY NO. 7: Plaintiff's Damages — Defendant's Position

State the amount of damages You contend Plaintiff has sustained, the method of calculation, and Identify all Documents and Persons supporting Your contention.

INTERROGATORY NO. 8: Defendant's Damages (Counterclaim)

If You assert a counterclaim, describe each category of damages You seek, including the amount claimed, the method of calculation, and Identify all Documents supporting each category.

INTERROGATORY NO. 9: Insurance Coverage

Identify all insurance policies that may provide coverage for the claims asserted in the Action. For each, state: (a) the carrier's name and address; (b) the policy number; (c) the type of coverage; (d) the effective dates; (e) the limits of liability; (f) applicable deductibles or self-insured retentions; and (g) any reservation-of-rights positions taken.

INTERROGATORY NO. 10: Expert Witnesses

Identify each expert witness You expect to call at trial and provide: (a) full name, address, and qualifications; (b) the subject matter on which the expert is expected to testify; (c) the substance of the facts and opinions to which the expert is expected to testify; (d) a summary of the grounds for each opinion; and (e) compensation arrangements.

INTERROGATORY NO. 11: Document Preservation

Describe any efforts undertaken by You to preserve evidence relevant to the Action, including: (a) the issuance of any litigation hold; (b) the date of the hold; (c) the scope of preserved data sources; (d) the Persons responsible for oversight; and (e) whether any potentially responsive information has been lost, destroyed, or deleted, and if so, the circumstances.

INTERROGATORY NO. 12: 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 number; (d) the nature of the claims; and (e) the disposition or current status.

INTERROGATORY NO. 13: Statements and Recordings

Identify all statements (oral, written, or recorded) obtained by You or on Your behalf from any Person concerning the Incident or any issue in this Action. For each, state: (a) the date; (b) the identity of the declarant; (c) the identity of the Person who took or recorded the statement; (d) the substance; and (e) the present custodian.

INTERROGATORY NO. 14: Investigations

Describe 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).

INTERROGATORY NO. 15: Third-Party Fault

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

INTERROGATORY NO. 16: Mitigation of Damages

If You contend that Plaintiff 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 Plaintiff should have taken.

INTERROGATORY NO. 17: Safety Policies and Procedures

Describe all safety policies, procedures, protocols, training programs, or compliance manuals that were in effect at the time of the Incident and that are relevant to any claim or defense in this Action. Identify all Documents embodying such policies and any amendments within two (2) years before or after the Incident.

INTERROGATORY NO. 18: Remedial Measures

Describe any repairs, modifications, changes in policy or procedure, or other remedial measures taken after the Incident. For each, identify: (a) the date performed; (b) the nature of the measure; (c) the Person(s) who authorized or performed it; and (d) all Documents relating to the measure.

INTERROGATORY NO. 19: 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.

INTERROGATORY NO. 20: Electronically Stored Information Sources

Identify all sources of electronically stored information reasonably likely to contain material responsive to discovery in this Action, including but not limited to email servers, network drives, cloud repositories, mobile devices, and social media accounts. For each, specify: (a) the custodian(s); (b) date ranges; (c) data types; and (d) preservation status.

V. CASE-SPECIFIC INTERROGATORIES

The following blank interrogatories are provided for attorney customization. Ensure the total number of interrogatories, including all sub-parts, does not exceed the applicable limit under Del. Super. Ct. Civ. R. 33(a). Seek leave of court or a stipulation under Rule 29 if additional interrogatories are needed.

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

VI. VERIFICATION / OATH

Instructions to Responding Party: Delaware Superior Court Civil Rule 33(b) requires that interrogatory answers be signed under oath or verified by the responding party. If the responding party is an entity, an authorized officer or representative must sign.

I, [________________________________], verify under penalty of perjury under the laws of the State of Delaware that I am the ☐ individual party / ☐ [________________________________] (title/position) of [________________________________] (entity name); that I have read the foregoing Answers to Interrogatories and know the contents thereof; and that the answers are true, correct, and complete to the best of my knowledge, information, and belief.

Date: [__/__/____]

Signature: [________________________________]

Printed Name: [________________________________]

Title/Position (if entity): [________________________________]

STATE OF [________________________________]

COUNTY OF [________________________________]

SUBSCRIBED AND SWORN TO before me this [____] day of [________________________________], 20[____].

Notary Public: [________________________________]

My Commission Expires: [__/__/____]

VII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Plaintiff's First Set of Interrogatories Directed to Defendant [________________________________] was served upon the following counsel of record via the method(s) indicated below, in accordance with Del. Super. Ct. Civ. R. 5(b):

Method of Service:

☐ File & ServeXpress / Delaware E-Filing

☐ United States First-Class Mail, postage prepaid

☐ Hand Delivery

☐ Email (by agreement)

☐ Certified Mail, Return Receipt Requested

☐ Other: [________________________________]

Served Upon:

Signature: [________________________________]

[________________________________], Esq.
Delaware Bar No. [________________________________]
[________________________________] (Firm)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
Attorney for Plaintiff

VIII. PRACTICE NOTES

1. Court Selection. This template is drafted for the Delaware Superior Court. If the matter is pending in a different Delaware trial court (e.g., Court of Chancery, Court of Common Pleas, Justice of the Peace Court), modify the caption and verify the applicable rules. The Court of Chancery, for example, has its own discovery rules.

2. Interrogatory Limit. Del. Super. Ct. Civ. R. 33(a) establishes the numerical limit for interrogatories including sub-parts. Verify the current limit before propounding. If additional interrogatories are needed, seek a stipulation under Rule 29 or a court order under Rule 33(a).

3. Response Deadline. The standard response deadline is thirty (30) days after service; forty-five (45) days if served with the summons and complaint. If service is by mail, add three (3) days under Rule 6(e). Calendar the deadline immediately.

4. Waiver of Objections. Under Del. Super. Ct. Civ. R. 33(b)(4), any ground for objection not stated in a timely objection is waived unless the Court excuses the failure for good cause. Advise opposing counsel of this consequence.

5. Claw-Back for Inadvertent Production. Delaware recognizes claw-back protections under Rule 26(b)(5)(B) and Delaware Rule of Evidence 502(b). Consider including a claw-back provision in the parties' discovery plan or protective order.

6. E-Filing. Delaware Superior Court uses File & ServeXpress for electronic filing and service. Confirm the e-filing requirements for the assigned county. Ensure the certificate of service reflects the method actually used.

7. Delaware Bar Number. Delaware counsel must include their Supreme Court of Delaware Bar Number on all filings and certificates of service.

8. Motion to Compel. If Defendant fails to timely respond or provides evasive or incomplete answers, Plaintiff may file a motion to compel under Del. Super. Ct. Civ. R. 37(a). Include certification that counsel conferred or attempted to confer in good faith.

9. Sanctions. Failure to serve timely, complete, and verified responses may result in sanctions under Del. Super. Ct. Civ. R. 37(b), including striking pleadings, precluding evidence, awarding attorney fees, or entering default.

10. Scheduling Order. Review the Court's scheduling or case management order for any discovery-specific provisions, including ESI protocols, privilege claw-back agreements, and discovery cutoff dates. Align interrogatory practice with these requirements.

11. Coordinating Discovery. Consider serving interrogatories in conjunction with requests for production (Rule 34) and requests for admission (Rule 36) to maximize the efficiency of discovery within applicable limits.

IX. SOURCES AND REFERENCES

• Delaware Superior Court Rules of Civil Procedure, Rules 5, 6, 26, 26(b)(5), 26(e), 29, 33, 34, 36, 37
• Delaware Rule of Evidence 502(b) (Inadvertent Disclosure / Claw-Back)
• Delaware Superior Court Civil Rules (full text): https://courts.delaware.gov/superior/pdf/civil_rules_2016.pdf
• Delaware State Courts, Rules: https://courts.delaware.gov/rules/
• Delaware State Bar Association: https://www.dsba.org
• File & ServeXpress (Delaware E-Filing): https://www.fileandserve.com