State Court Discovery - Interrogatories

IN THE IOWA DISTRICT COURT FOR [COUNTY] COUNTY

[PLAINTIFF],
  Plaintiff,

v.

[DEFENDANT],
  Defendant.

Case No. [___]

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT [DEFENDANT]

Effective Date: [DATE]
Served Pursuant to: Iowa R. Civ. P. 1.509

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. General Instructions & Compliance Requirements
4. Interrogatories (Nos. 1 – ☐)
5. Verification
6. Certificate of Service

1. DOCUMENT HEADER

Pursuant to Iowa Rule of Civil Procedure 1.509, Plaintiff hereby propounds the following Interrogatories to Defendant. Each response must be served within the time limits set forth in Rule 1.509(2) and fully comply with all applicable provisions of the Iowa Rules of Civil Procedure.

2. DEFINITIONS

For purposes of these Interrogatories, the following definitions apply (terms appear in bold when used):

1. “You” or “Defendant” means [DEFENDANT NAME], including all present and former agents, employees, representatives, attorneys, insurers, and any other persons acting or purporting to act on its behalf.

2. “Document” has the broadest meaning permitted under Iowa R. Civ. P. 1.503 and includes all electronically stored information (“ESI”).

3. “Identify” when used with respect to:
   a. A natural person – state the person’s full name, present or last known address, telephone number, and present or last known employer and position.
   b. A business or legal entity – state its full legal name, jurisdiction of formation, principal place of business, and the name, title, and telephone number of a responsible individual.
   c. A document – state its title, date, author(s), recipient(s), type (e-mail, letter, report, etc.), and its present custodian.

4. “Incident” means the events described in Plaintiff’s pleadings filed in this action.

3. GENERAL INSTRUCTIONS & COMPLIANCE REQUIREMENTS

A. Form of Response

1. Answer each Interrogatory separately and fully, in writing and under oath, as required by Iowa R. Civ. P. 1.509(3).
2. If You object, state the specific grounds and respond to the extent the Interrogatory is not objectionable.

B. Discovery Limits
• Without prior court leave, the total number of Interrogatories, including discrete subparts, served by one party on another shall not exceed thirty (30). Iowa R. Civ. P. 1.509(1).

C. Response Deadlines
• Responses are due within thirty (30) days after service, except a Defendant served within the timeframe of Iowa R. Civ. P. 1.509(2) shall respond within forty (40) days after service of the original notice of suit.

D. Duty to Supplement
• You must seasonably supplement or amend any response in accordance with Iowa R. Civ. P. 1.503(4).

E. Claims of Privilege

1. If You withhold information based on a claim of privilege, produce a privilege log that complies with Iowa R. Civ. P. 1.503(5)(a), identifying the nature of the privilege and describing the withheld material sufficiently to enable Plaintiff to assess the claim.
2. Inadvertent disclosure is governed by Iowa R. Civ. P. 1.503(5)(d). Promptly notify Plaintiff upon discovery of any inadvertent production.

F. Electronically Stored Information (ESI)
• Unless otherwise agreed, produce ESI in single-page TIFF with load file and extracted text, or native format for spreadsheets and databases. Identify any ESI that is not reasonably accessible and state the asserted undue burden or cost.

G. Calculation of Time
• Compute time periods under Iowa R. Civ. P. 1.902(4); do not include the day of service, and include the last day unless it falls on a weekend or legal holiday.

H. Continuing Nature
• These Interrogatories are deemed continuing; responsive information that becomes known or available prior to trial must be provided without additional request.

4. INTERROGATORIES

Interrogatory No. 1

Identify all persons whom You expect to call as witnesses at trial, and for each such person state the substance of the testimony You expect the witness to provide.

Interrogatory No. 2

Identify every person known to You who has personal knowledge of any facts relating to the Incident, and for each such person provide a summary of that knowledge.

Interrogatory No. 3

Describe in detail the factual basis for each affirmative defense asserted in Your pleadings.

Interrogatory No. 4

For each of Your responses to Plaintiff’s Requests for Admission that is not an unqualified admission, explain the factual and legal basis for Your response.

Interrogatory No. 5

Identify and describe all Documents that support or refute any claim or defense in this action.

Interrogatory No. 6

State the name and address of every insurer or indemnitor that may be liable to satisfy all or part of a judgment entered against You in this action, and identify the applicable policy number(s), coverage limits, and reservation-of-rights status, if any.

Interrogatory No. 7

Itemize all damages You contend were caused by Plaintiff, including the method of calculation and identification of supporting Documents.

Interrogatory No. 8

Describe any investigation conducted by You or on Your behalf regarding the Incident, including the date, scope, and identity of all investigators or experts involved.

Interrogatory No. 9

State whether You contend that any third party is wholly or partly at fault for the Incident and, if so, identify the third party and describe the basis of such contention.

Interrogatory No. 10

Identify each expert witness You have retained or specially employed to provide testimony, and for each state the subject matter on which the expert is expected to testify, the expert’s qualifications, and a summary of the opinions to be offered.

Interrogatory No. 11

Describe each communication between You and Plaintiff concerning the claims asserted in this lawsuit, including the date, method of communication, participants, and substance.

Interrogatory No. 12

Identify any settlement agreements, releases, or covenants not to sue that relate to the Incident, and describe the material terms of each.

Interrogatory No. 13

If You contend Plaintiff failed to mitigate damages, state all facts supporting that contention and identify all Documents on which You rely.

Interrogatory No. 14

State the date, time, and place of any statements, recorded or otherwise, made by Plaintiff or Plaintiff’s agents that relate to the Incident, and identify the custodian of each recording or transcript.

Interrogatory No. 15

Describe all safety policies, procedures, or protocols in effect at the time of the Incident that are relevant to the claims or defenses in this action, and identify all Documents that memorialize those policies.

5. VERIFICATION

I, [AUTHORIZED REPRESENTATIVE NAME], being first duly sworn, depose and state that I am authorized to make this Verification for and on behalf of [DEFENDANT], that I have read the foregoing responses, and that the matters stated therein are true and correct to the best of my knowledge, information, and belief.

_______________________________
[Name]
[Title]
[DEFENDANT]

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

_______________________________
Notary Public in and for the State of Iowa
My Commission Expires: __________

6. CERTIFICATE OF SERVICE

The undersigned certifies that on the ___ day of __________, 20__, the foregoing Plaintiff’s First Set of Interrogatories to Defendant [DEFENDANT] was served upon counsel of record listed below by [method of service] in accordance with Iowa R. Civ. P. 1.442.

[Name & Address of Receiving Counsel]

_______________________________
[ATTORNEY NAME]
Counsel for Plaintiff
[LAW FIRM NAME]
[Address]
[Phone] | [E-mail] | [Bar No.]