[// GUIDANCE: This template is drafted for use in civil actions pending in the Superior Court of the State of Delaware. Modify the caption if the matter is pending in a different Delaware trial court (e.g., Court of Chancery, Court of Common Pleas).]
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
[COUNTY] COUNTY
| [PLAINTIFF], | C.A. No. [___] |
| Plaintiff, | |
| v. | |
| [DEFENDANT], | |
| Defendant. |
PLAINTIFF’S FIRST SET OF INTERROGATORIES DIRECTED TO [DEFENDANT]
Date: [___]
TABLE OF CONTENTS
- Preliminary Statement & Authority
- Definitions
- General Instructions
- Interrogatories (Nos. 1 – [30])
- Verification
- Certificate of Service
1. PRELIMINARY STATEMENT & AUTHORITY
Plaintiff, by and through undersigned counsel and pursuant to Rules 26 and 33 of the Delaware Superior Court Rules of Civil Procedure (the “Rules”), hereby propounds the following Interrogatories upon [Defendant]. These Interrogatories are to be answered separately and fully, in writing, under oath, and served within thirty (30) days after service hereof, except that a Defendant served with these Interrogatories together with the Summons and Complaint shall serve answers within forty-five (45) days of service of the Summons and Complaint. See Del. Super. Ct. Civ. R. 33(b)(3).
The total number of Interrogatories herein, including discrete sub-parts, does not exceed thirty (30) as limited by Del. Super. Ct. Civ. R. 33(a).
[// GUIDANCE: If you anticipate needing more than 30 interrogatories, add a reservation of rights paragraph and plan to file a motion or stipulation under Rule 33(a).]
2. DEFINITIONS
Unless otherwise indicated, the following definitions apply to each Interrogatory herein. Defined terms are capitalized for ease of reference.
- “Action” means the above-captioned civil action pending in this Court.
- “Answer” or “Answering” means a complete, sworn, and responsive answer as required by Del. Super. Ct. Civ. R. 33(b).
- “Communication” means any transfer of information (written, oral, or electronic) including, without limitation, letters, emails, text messages, instant messaging, voice mails, memoranda, or face-to-face conversations.
- “Concerning” means relating to, referring to, reflecting, evidencing, describing, regarding, or constituting, directly or indirectly.
- “Document(s)” is synonymous with the term used in Del. Super. Ct. Civ. R. 34(a) and includes electronically stored information (“ESI”).
- “Identify” (with respect to a natural person) means to state the individual’s full name, present or last known address, telephone number, and employer and position at all times relevant.
- “Identify” (with respect to an entity) means to 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.
- “Identify” (with respect to a document) means to state the (i) title or description, (ii) date, (iii) author(s) and recipient(s), (iv) type (e.g., letter, email), and (v) present custodian or location.
- “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.
- 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.
3. GENERAL INSTRUCTIONS
- 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 below. See Rule 33(b)(1).
- Time Period. Unless otherwise specified, each Interrogatory seeks information for the period [START DATE] through the present.
- Duty to Supplement. These Interrogatories are deemed continuing; you are required to supplement or amend your answers in accordance with Rule 26(e) if you learn that any response is incomplete or incorrect in any material respect.
- Objections. If you object to any Interrogatory or portion thereof, state the specific ground(s) for objection and answer the remainder to the extent not objected to. Boilerplate or generalized objections are not permitted.
- Privilege & Work-Product. If you withhold any information based on a claim of attorney-client privilege, work-product doctrine, or any other protection, provide a privilege log that complies with Rule 26(b)(5), identifying each item withheld and the specific basis for the claim.
- 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, unless they are voluminous. For voluminous documents, reference their production location or Bates range.
- Inadvertent Production. Pursuant to Rule 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 the claw-back procedures herein.
- Metric. All monetary amounts must be stated in U.S. dollars, and all dates in month/day/year format unless otherwise indicated.
[// GUIDANCE: Add or tailor Instructions to align with any ESI stipulation or scheduling order in effect.]
4. INTERROGATORIES
[// GUIDANCE: Each Interrogatory below is phrased broadly to allow counsel to delete, tailor, or re-order as needed. Maintain total count ≤ 30, including sub-parts.]
Interrogatory No. 1
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
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
Describe in detail the factual basis for each affirmative defense asserted in your [Answer/Responsive Pleading].
Interrogatory No. 4
For each allegation in the Complaint that you deny, state the factual and legal basis for your denial.
Interrogatory No. 5
Identify all Documents Concerning any Communication between you and Plaintiff regarding the subject matter of the Action.
Interrogatory No. 6
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. 7
Describe each category of damages you seek in this Action, including the amount claimed, the method of calculation, and Identify all Documents supporting each category.
Interrogatory No. 8
Identify all insurance policies that may provide coverage for the claims asserted in the Action, stating the carrier, policy number, limits, applicable deductibles, and any reservation-of-rights positions.
Interrogatory No. 9
Identify each expert witness you expect to call at trial and provide:
a. the subject matter on which the expert is expected to testify;
b. the substance of the facts and opinions to which the expert is expected to testify; and
c. a summary of the grounds for each opinion.
Interrogatory No. 10
Describe any efforts undertaken by you to preserve evidence relevant to the Action, including the issuance of any litigation hold, the scope of preserved data sources, and the persons responsible for oversight.
[// …Continue numbering up to Interrogatory No. 30 as necessary…]
5. VERIFICATION
[DEFENDANT] verifies under penalty of perjury under the laws of the State of Delaware that the foregoing Answers to Interrogatories are true and correct to the best of [his/her/its] knowledge, information, and belief.
[NAME], [Title/Capacity]
[Date]
6. CERTIFICATE OF SERVICE
I hereby certify that on this [___] day of [MONTH], 20[__], 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 [method of service consistent with Rule 5(b)]:
• [Name, Law Firm, Address, Email]
[ATTORNEY NAME] (DE Bar No. [____])
[Law Firm]
[Address]
[Telephone]
[Email]
Attorney for Plaintiff
[// GUIDANCE:
1. Ensure the certificate of service conforms to any e-Filing or electronic delivery requirements of the Court.
2. Delaware counsel must include their Supreme Court of Delaware Bar Number.
3. If this is the initial discovery request served concurrently with the Complaint, consider including a cover letter referencing Rule 5(d) filing requirements.
4. Review the Court’s scheduling order for any discovery-specific provisions (e.g., ESI protocol, privilege claw-back agreement) and align the Instructions accordingly.
]