Hawaii State Court Discovery - Interrogatories

HAWAII STATE COURT DISCOVERY — INTERROGATORIES

Overview

Count and deadline control. Rule 33(a) ordinarily permits no more than 60 interrogatories, counting subparts and subquestions individually. In a Rule 16.1 expedited-track case, the combined cap is 35 interrogatories, document requests, and admission requests per party. Delete or adapt items before service to stay within the applicable cap. Rule 33(b)(3) ordinarily gives 30 days to respond, subject to the defendant's 45-day period, Rule 29, court order, and Rule 6(e)'s two additional days when the response period runs from service by mail.

CASE CAPTION

IN THE CIRCUIT COURT OF THE [________________________________] CIRCUIT

STATE OF HAWAI'I

Civil No.: [________________________________]

ATTORNEY INFORMATION

Attorney for Propounding Party:

[PROPOUNDING PARTY]'S [____] SET OF INTERROGATORIES TO [RESPONDING PARTY]

TO: [________________________________] ("Responding Party"), by and through counsel of record.

I. INTRODUCTORY STATEMENT

[PROPOUNDING PARTY] ("Propounding Party"), by and through undersigned counsel, pursuant to Rules 26 and 33 of the Hawai'i Rules of Civil Procedure ("HRCP"), hereby propounds the following Interrogatories to [RESPONDING PARTY] ("Responding Party"). These Interrogatories must be answered fully, separately, and under oath in accordance with the following requirements:

Counting Subparts: Under HRCP Rule 33(a), count each subpart and subquestion as an individual interrogatory. Before service, count this set together with any earlier discovery served by the same party and remove questions as needed for the applicable limit.

Failure to Answer: A failure to answer or a disputed objection may support a motion to compel under Rule 37(a), subject to its good-faith conference requirement. Further relief depends on the rule's conditions and court orders.

II. DEFINITIONS

For purposes of these Interrogatories, the following terms shall have the meanings set forth below, regardless of capitalization, tense, or singular/plural usage:

A. "Action" means the above-captioned civil lawsuit, including all claims, counterclaims, cross-claims, defenses, and third-party claims.

B. "Communication" means every manner or form of disclosure, exchange, or transfer of information, whether oral, written, electronic, or otherwise, including but not limited to letters, memoranda, emails, text messages, instant messages, social media posts or direct messages, telephone calls, voicemails, video conferences, and in-person conversations.

C. "Concerning," "Relating to," or "Regarding" means referring to, describing, evidencing, constituting, reflecting, mentioning, or in any way logically or factually connected with the matter discussed.

D. "Date" means the exact day, month, and year, or if unknown, the best available approximation.

E. "Document" has the broadest meaning permitted under HRCP Rule 34(a) and includes electronically stored information ("ESI") of every kind and in every format, including writings, drawings, graphs, charts, photographs, audio recordings, video recordings, digital files, metadata, databases, and any other data compilations from which information can be obtained or translated into reasonably usable form.

F. "Identify" or "Identification" means:

• (i) When used with reference to a natural person: state the person's full legal name, present or last known home address, present or last known telephone number, present employer and job title, and relationship (if any) to any party in this Action.
• (ii) When used with reference to a business entity: state its full legal name, form of organization, state of formation, principal place of business, and the identity of a representative with knowledge of the subject matter.
• (iii) When used with reference to a Document: state its title or description, date, author(s), recipient(s), type (e.g., letter, email, report), Bates number(s), and current custodian or location.
• (iv) When used with reference to a Communication: state the date, all participants, the mode (e.g., telephone, email, in-person), and the substance of the Communication.

G. "Person" means any natural person, corporation, partnership, limited liability company, association, governmental entity, or any other legal entity.

H. "Subject Incident" means the events, transactions, or occurrences at issue in the pleadings, occurring on or about [__/__/____] at [________________________________].

I. "You," "Your," or "Responding Party" means the party to whom these Interrogatories are directed. Information from personnel or representatives is requested only to the extent it is available to the party and discoverable under Rule 26(b).

J. "Relevant Period" means [__/__/____] through the present date, unless otherwise specified in a particular Interrogatory.

III. INSTRUCTIONS AND GENERAL PROVISIONS

A. Oath Requirement. Each answer must be made separately, fully, and under oath. If the responding party is a corporation, partnership, association, or governmental agency, the answers shall be made by an officer or agent who shall furnish information available to the party. HRCP Rule 33(a), (b)(1)-(2).

B. Objections. If You object to any Interrogatory or portion thereof, state all objection grounds with specificity and answer to the extent the Interrogatory is not objectionable. An unstated ground in a timely objection is waived unless the court excuses the omission for good cause. HRCP Rule 33(b)(1), (4).

C. Privilege Claims. If any information is withheld on the basis of privilege, work-product protection, or other immunity from disclosure, You must:

• (i) Expressly state the specific privilege or protection being asserted;
• (ii) Describe the nature of the withheld documents, communications, or things as required by HRCP Rule 26(b)(6), without revealing the protected information itself, so the other parties can assess the claim.

D. Supplementation. Rule 26(e)(1) requires seasonable supplementation of answers directly addressing identified fact witnesses or expected trial experts. Rule 26(e)(2) requires seasonable amendment of a materially incomplete or incorrect response, or one that omitted information that could lead to additional admissible evidence. A court order, agreement, or new request may impose other duties under Rule 26(e)(3).

E. Sources of Information. Answer with nonprivileged information available to the Responding Party, including information available from its officers or agents under Rule 33(a), subject to Rule 26(b)'s scope and limits.

F. Construction. The singular includes the plural and vice versa. The masculine includes the feminine and vice versa. The terms "and" and "or" shall be construed inclusively (i.e., "and/or"). Words shall be given their broadest reasonable meaning consistent with ordinary usage.

G. Time Period. Unless otherwise specified, each Interrogatory covers the Relevant Period as defined above.

H. Business Records Option. Under HRCP Rule 33(d), where an answer may be derived from the responding party's business records and the burden of deriving it is substantially the same for either party, the responding party may specify the records in enough detail to locate them and afford a reasonable opportunity to examine and copy them.

I. Scope and Limits. Rule 26(b)(1)(A) permits nonprivileged discovery relevant to the action's subject matter and includes the reasonably-calculated-to-lead-to-admissible-evidence standard. Rule 26(b)(2) requires limits when discovery is cumulative or duplicative, more conveniently obtained elsewhere, already adequately explored, or unduly burdensome relative to its likely benefit.

IV. GENERAL INTERROGATORIES

INTERROGATORY NO. 1:
Identify each nonprivileged source of factual information used to prepare Your answers to these Interrogatories, stating the Interrogatory or Interrogatories to which that source contributed.

INTERROGATORY NO. 2:
Describe in complete detail Your version of how the Subject Incident occurred, including the chronological sequence of events, the actions taken by each participant, all statements made at or near the scene, and the environmental or physical conditions at the time and place of the incident.

INTERROGATORY NO. 3:
Identify every Person known to You who witnessed, observed, or has knowledge of any facts Relating to the Subject Incident, and for each, state:

• (a) Their full name and contact information;
• (b) A summary of the facts known to that Person;
• (c) Whether that Person has provided any written or recorded statement; and
• (d) Whether You intend to call that Person as a witness at trial.

INTERROGATORY NO. 4:
For each affirmative defense You have asserted, state its factual basis and identify the Documents, Communications, and Persons on which You rely.

INTERROGATORY NO. 5:
Identify all photographs, videos, audio recordings, surveillance footage, dashcam footage, or other media depicting the Subject Incident or its aftermath, and for each, state:

• (a) The date and time created;
• (b) The creator or source;
• (c) The current custodian and location;
• (d) A description of its content; and
• (e) Whether You intend to introduce it as an exhibit at trial.

INTERROGATORY NO. 6:
Identify every expert witness You expect to call at trial, and for each, to the extent discoverable under Rule 26, provide:

• (a) Full name, business address, and professional 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;
• (e) All publications authored by the expert in the preceding ten years; and
• (f) A list of all cases in which the expert has testified at trial or by deposition within the preceding four years.

INTERROGATORY NO. 7:
Describe all insurance agreements under which any Person carrying on an insurance business may be liable to satisfy all or part of a judgment in this Action, or to indemnify or reimburse for payments made to satisfy such judgment, including for each:

• (a) The insurer name and address;
• (b) The policy number;
• (c) Effective dates and coverage period;
• (d) Per-occurrence and aggregate limits of liability;
• (e) Deductible or self-insured retention amounts;
• (f) Applicable exclusions or endorsements; and
• (g) Any nonprivileged reservation-of-rights position relevant to coverage of this Action.

INTERROGATORY NO. 8:
For each offset, credit, or reduction You contend applies to [PROPOUNDING PARTY]'s claims, state the amount, calculation, and supporting Documents.

INTERROGATORY NO. 9:
If You contend that any third party is wholly or partially responsible for injuries or damages alleged by [PROPOUNDING PARTY], identify that person and state the factual basis for the contention and the supporting Documents and Communications.

INTERROGATORY NO. 10:
Describe all Communications between You and [PROPOUNDING PARTY] (or that party's agent or representative) during the Relevant Period concerning the subject matter of this Action, stating for each:

• (a) The date;
• (b) The participants;
• (c) The mode of Communication; and
• (d) The substance of the Communication.

INTERROGATORY NO. 11:
Identify and describe all internal investigations, reviews, audits, or inquiries conducted by You or at Your direction relating to the allegations in the pleadings or the Subject Incident, including:

• (a) The date(s) of the investigation;
• (b) The individuals who conducted or participated in the investigation;
• (c) The conclusions or findings reached; and
• (d) Any corrective or remedial actions taken as a result.

INTERROGATORY NO. 12:
Describe with particularity every category of electronically stored information ("ESI") maintained by You that is potentially relevant to this Action, including:

• (a) The types of ESI (email systems, text messages, databases, cloud storage, etc.);
• (b) The custodians and data sources;
• (c) Retention policies and periods;
• (d) Any steps taken to preserve such ESI since the date You first anticipated litigation; and
• (e) Whether any potentially relevant ESI has been destroyed, lost, or overwritten, and if so, the circumstances thereof.

INTERROGATORY NO. 13:
State whether You have destroyed, discarded, lost, or otherwise disposed of any Documents Concerning this Action or the Subject Incident at any time after You first anticipated litigation, and if so, for each such Document, identify:

• (a) The type of Document;
• (b) The date range covered;
• (c) The date and circumstances of destruction, loss, or disposal; and
• (d) The Person(s) responsible.

INTERROGATORY NO. 14:
If You contend that [PROPOUNDING PARTY] failed to mitigate damages, state the supporting facts and identify Persons and Documents supporting that contention.

INTERROGATORY NO. 15:
If You contend that any claim asserted by [PROPOUNDING PARTY] is barred by a statute of limitations, laches, estoppel, or another asserted defense, identify the authority relied upon and state the supporting facts.

V. CASE-SPECIFIC INTERROGATORIES

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

VI. CERTIFICATE OF SERVICE

Rule 5(f) does not require routine filing of these Interrogatories or the answers. Retain this certificate with the served copy unless the court directs filing.

I hereby certify that on this [____] day of [________________________________], 20[____], a true and correct copy of the foregoing [PROPOUNDING PARTY]'S [____] Set of Interrogatories to [RESPONDING PARTY] was served upon:

Counsel for Responding Party:

Method of Service: (Select all that apply)

☐ Hand delivery
☐ First-class United States mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Other method authorized by HRCP Rule 5(b) or court order: [________________________________]

Service was made in accordance with HRCP Rule 5(b).

Signature: [________________________________]

[________________________________], Esquire
Hawai'i Bar No.: [________________________________]
Counsel for [PROPOUNDING PARTY]

VII. PRACTICE NOTES AND GUIDANCE

A. Hawaii Interrogatory Limits and Counting Rules

Rule 33(a) ordinarily limits a party to 60 interrogatories, counting subparts and subquestions separately. This set contains 15 numbered questions and 39 listed subparts; using all five case-specific blanks could consume up to 59 units. Count any earlier interrogatories served by the same party and tailor this set before service.

B. Expedited-Track Limitations

Rule 16.1(c)(1)(B) limits an expedited-track party to a combined 35 interrogatories, document requests, and admission requests. Check the scheduling order and remove enough questions or obtain relief under Rule 16.1(c)(2) before service.

C. Response Deadlines

• Standard deadline: 30 days after service. HRCP Rule 33(b)(3).
• Defendant served with summons and complaint: Rule 33(b)(3) allows answers or objections within 45 days after that service.
• Stipulated extensions: Parties may stipulate to different response periods under HRCP Rule 29.
• Court-ordered extensions: The court may modify deadlines upon motion.
• Service by mail: Rule 6(e) adds two days to a period measured from service of the interrogatories by mail.

D. Answers Under Oath

Rule 33(b)(1)-(2) requires written answers under oath signed by the person answering; confirm the proper verification method for the case.

E. Proportionality and Court Discretion

The extent of discovery permitted under HRCP Rule 33 is subject to the limits in HRCP Rule 26(b)(2). The court must limit discovery that is unreasonably cumulative or duplicative, available from a more convenient source, already adequately explored, or whose burden or expense outweighs its likely benefit. Practitioners should tailor interrogatories to the needs of the case and the governing scheduling order.

F. Motion to Compel

If the responding party fails to answer or provides evasive or incomplete answers, the propounding party may move to compel under HRCP Rule 37(a). The motion must include a certification of good-faith efforts to resolve the dispute without court intervention.

G. Relief After a Discovery Order

Rule 37(b)(2) authorizes case-specific relief if a party fails to obey a discovery order. Expenses and sanctions depend on the rule's conditions and the court's findings.

H. ESI Considerations

Rule 26(b)(1)(B) addresses ESI sources identified as not reasonably accessible because of undue burden or expense. Tailor ESI questions to the action and the court's scheduling order.

VIII. SOURCES AND REFERENCES

• HRCP Rule 33 — Interrogatories to Parties
• HRCP Rule 26 — General Provisions Governing Discovery
• HRCP Rule 29 — Stipulations Regarding Discovery Procedure
• HRCP Rule 34 — Production of Documents, ESI, and Tangible Things
• HRCP Rule 37 — Failure to Make Disclosure or Cooperate in Discovery; Sanctions
• HRCP Rule 5(b) — Service of Pleadings and Other Papers
• HRCP Rule 16.1 — Expedited or Non-Expedited Track Assignment

Tailor the questions to the action, confirm the applicable scheduling order, and serve the finished request under Rule 5(b).