Hawaii State Court Discovery - Interrogatories

HAWAII STATE COURT DISCOVERY — INTERROGATORIES

Overview

Count and deadline control. Before service, enter the governing rule or order [CITATION], cumulative interrogatory count and subpart method [DETAILS], leave, stipulation, or local-limit status [DETAILS], service date and method [DETAILS], response period [DETAILS], and calculated response date [DATE]. This form states no default number or period.

CASE CAPTION

IN THE CIRCUIT COURT OF THE [________________________________] CIRCUIT

STATE OF HAWAI'I

Civil No.: [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

ATTORNEY INFORMATION

Attorney for Propounding Party:

PLAINTIFF'S [____] SET OF INTERROGATORIES TO DEFENDANT

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

I. INTRODUCTORY STATEMENT

Plaintiff [________________________________] ("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 Defendant [________________________________] ("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), subparts and subquestions are counted as individual interrogatories. However, a question that asks about a single category of information — even if it requests multiple details such as date, participants, and substance — may be treated as a single interrogatory where the subparts are logically dependent on the primary question.

Sanctions: Failure to respond adequately and timely may result in sanctions under HRCP Rule 37, including an order compelling answers, an award of expenses and attorney fees, preclusion of evidence, or other relief.

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 that form the basis of the claims alleged in the Complaint, occurring on or about [__/__/____] at [________________________________].

I. "You," "Your," or "Responding Party" means the party to whom these Interrogatories are directed, together with all present and former agents, employees, officers, directors, representatives, attorneys, and any other Person acting or purporting to act on its behalf.

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(b)(1)-(2).

B. Objections. If You object to any Interrogatory or portion thereof, state the specific legal and factual grounds for each objection with particularity. Boilerplate or blanket objections are improper and disfavored by Hawaii courts. Answer all non-objected portions fully. HRCP Rule 33(b)(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.

Supplementation control. Apply only the duty supplied by the current governing rule, order, or agreement: [CITATION / TERMS / NONE IDENTIFIED]. Do not label these interrogatories “continuing” or demand supplementation beyond that authority.

E. Sources of Information. Your answers shall include all information within Your possession, custody, or control, including information available through Your agents, representatives, attorneys, and all other Persons acting on Your behalf.

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(c), where the answer to an interrogatory may be derived from the business records of the responding party, and the burden of deriving the answer is substantially the same for either party, the responding party may specify the records and afford the propounding party a reasonable opportunity to examine and copy them.

I. Scope and Limits. HRCP Rule 26(b)(1)(A) retains Hawaii's subject-matter relevance and reasonably-calculated-to-lead-to-admissible-evidence language. Separately, HRCP Rule 26(b)(2) requires the court to 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.

IV. GENERAL INTERROGATORIES

INTERROGATORY NO. 1:
Identify each Person who participated in preparing, reviewing, or supplying information for Your answers to these Interrogatories, and for each, specify the Interrogatory or Interrogatories to which that Person contributed.

INTERROGATORY NO. 2:
State Your full legal name, all former names or aliases, date of birth, current home address, current employer, job title, and business address.

INTERROGATORY NO. 3:
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. 4:
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. 5:
State in detail the factual basis for each affirmative defense asserted in Your Answer, including identification of all Documents, Communications, and Persons upon which You rely to support each defense.

INTERROGATORY NO. 6:
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. 7:
Identify every expert witness You have retained or expect to call at trial, and for each, 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. 8:
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 reservation of rights letters issued.

INTERROGATORY NO. 9:
State the total amount of damages or other monetary relief You contend should be applied against Plaintiff's claims, and describe the methodology, computations, and all Documents used to arrive at each category of offset, credit, or reduction.

INTERROGATORY NO. 10:
If You contend that any third party is wholly or partially responsible for the injuries or damages alleged by Plaintiff, identify each such third party and describe in detail the factual and legal basis for such contention, including all Documents and Communications supporting the claim.

INTERROGATORY NO. 11:
Describe all Communications between You and Plaintiff (or any agent or representative of Plaintiff) 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. 12:
Identify and describe all internal investigations, reviews, audits, or inquiries conducted by You or at Your direction Relating to the allegations in the Complaint 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. 13:
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. 14:
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. 15:
If You contend that Plaintiff failed to mitigate damages, state all facts upon which You base that contention, identify all Persons with knowledge of such facts, and identify all Documents supporting the contention.

INTERROGATORY NO. 16:
If You contend that any claim asserted by Plaintiff is barred by the statute of limitations, laches, estoppel, or any other affirmative defense, identify each statute, rule, or doctrine relied upon and state all facts supporting its applicability.

INTERROGATORY NO. 17:
Identify all Persons (other than retained experts) who possess knowledge of facts relevant to this Action, and for each such Person provide:

• (a) Full name and contact information;
• (b) A summary of the relevant knowledge possessed; and
• (c) The Person's relationship to any party in this Action.

INTERROGATORY NO. 18:
Describe any and all policies, procedures, guidelines, protocols, or training materials in effect during the Relevant Period that relate to [________________________________] (subject matter at issue), and identify all Persons responsible for creating, implementing, or enforcing each such policy.

INTERROGATORY NO. 19:
For each denial of any allegation in the Complaint, state the factual basis for the denial and identify all Documents and Communications supporting the denial.

INTERROGATORY NO. 20:
Describe any remedial, corrective, or preventive actions You have taken in response to the events giving rise to this Action, including the dates such actions were implemented, the individuals responsible, and the reasons for taking such actions.

V. CASE-SPECIFIC INTERROGATORIES

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

VI. VERIFICATION / OATH

I, [________________________________], hereby declare under penalty of perjury that I am duly authorized to make this verification for and on behalf of [________________________________] (party name); that I have read the foregoing Answers to Interrogatories and know the contents thereof; and that the answers contained therein are true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

Location: [________________________________]

Signature: [________________________________]

Printed Name: [________________________________]

Title/Position: [________________________________]

Party Name: [________________________________]

VII. CERTIFICATE OF SERVICE

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

Counsel for Defendant:

Method of Service: (Select all that apply)

☐ Hand delivery
☐ First-class United States mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic service (with written consent of recipient per HRCP Rule 5(b)(2)(E))
☐ Facsimile transmission to [________________________________]
☐ Email to [________________________________]
☐ Other: [________________________________]

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

Signature: [________________________________]

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

VIII. PRACTICE NOTES AND GUIDANCE

A. Hawaii Interrogatory Limits and Counting Rules

B. Expedited-Track Limitations

C. Response Deadlines

• Standard deadline: 30 days after service. HRCP Rule 33(b)(3).
• Defendant not yet answered complaint: 45 days from service.
• Stipulated extensions: Parties may stipulate to different response periods under HRCP Rule 29.
• Court-ordered extensions: The court may modify deadlines upon motion.

D. No Notarization Required

Hawaii does not require notarization of interrogatory answers. A verification under penalty of perjury is sufficient.

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. Sanctions

Under HRCP Rule 37, sanctions for failure to comply with discovery obligations may include:
☐ An order compelling disclosure or discovery
☐ An award of reasonable expenses, including attorney fees
☐ An order establishing facts as admitted
☐ An order precluding evidence
☐ An order striking pleadings
☐ An order dismissing the action or entering default judgment
☐ Contempt of court

H. ESI Considerations

Hawaii courts increasingly expect early discussion of ESI preservation and production protocols. Consider serving a litigation hold letter at the outset and negotiating an ESI protocol addressing format of production, keyword searches, and cost allocation. HRCP Rule 26 was amended to address ESI-specific discovery issues.

I. Circuit Court Rules

Practitioners should review the Rules of the Circuit Courts of the State of Hawai'i (RCCH) for any additional requirements, including scheduling order provisions that may impose discovery deadlines and limitations beyond those in the HRCP.

IX. SOURCES AND REFERENCES

• HRCP Rule 33 — Interrogatories to Parties
• HRCP Rule 26 — General Provisions Governing Discovery; Duty of Disclosure
• HRCP Rule 29 — Stipulations Regarding Discovery Procedure
• HRCP Rule 34 — Production of Documents and 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 Trial Procedure
• Rules of the Circuit Courts of the State of Hawai'i (RCCH)
• Hawai'i Supreme Court Rules and Orders (https://www.courts.state.hi.us/)
• Goodsill Anderson Quinn & Stifel, "Learning to Count: HRCP Rule 33's Limits on Interrogatories" (https://www.goodsill.com/publications/learning-to-count-hawaii-rules-of-civil-procedure-rule-s-limits-on-interr/)

This template is designed for use in Hawaii Circuit Court civil actions. Practitioners should verify all rule citations against the current version of the Hawai'i Rules of Civil Procedure before filing. Local circuit court rules and individual judge preferences may impose additional requirements. Always consult with a qualified Hawaii attorney before using this template in a legal proceeding.