Idaho State Court Discovery Interrogatories

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

ATTORNEY INFORMATION

Propounding Attorney:

Date of Service: [__/__/____]

I. INTRODUCTORY STATEMENT

Pursuant to Idaho Rules of Civil Procedure ("I.R.C.P.") Rules 26 and 33, Plaintiff [________________________________] hereby propounds the following Interrogatories upon Defendant [________________________________], to be answered fully, separately, in writing, and under oath.

Response Deadline

Under I.R.C.P. 33(b)(2), Defendant must serve sworn written answers and any objections within thirty (30) days after being served with these Interrogatories. If these Interrogatories are served with the Summons and Complaint, the responding party has forty-five (45) days after service. A shorter or longer time may be stipulated to under I.R.C.P. 29 or ordered by the Court.

Interrogatory Limit

Pursuant to I.R.C.P. 33(a)(1), a party may serve no more than forty (40) interrogatories, including all discrete subparts, upon any other party, unless otherwise stipulated or ordered by the Court for good cause. This First Set contains [____] interrogatories (including subparts) and counts toward the forty-interrogatory limit.

Continuing Obligation

These Interrogatories are continuing in nature. Defendant must promptly supplement or correct responses in accordance with I.R.C.P. 26(e) whenever additional or corrective information becomes available.

No Filing with Court

Pursuant to I.R.C.P. 33(d), neither the interrogatories nor the answers shall be filed with the Court. The propounding party must maintain the originals for one year following final disposition and expiration of any appeal period, unless the Court orders otherwise.

II. DEFINITIONS

For purposes of these Interrogatories, the following terms shall have the meanings set forth below:

1. "You," "Your," or "Defendant" means [________________________________], including all present and former parents, subsidiaries, affiliates, divisions, officers, directors, managers, members, employees, agents, representatives, attorneys, and all other persons or entities acting or purporting to act on Defendant's behalf.

2. "Plaintiff" means [________________________________], including its agents, representatives, and attorneys.

3. "Document" or "Documents" has the broadest meaning allowed under I.R.C.P. 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, translated if necessary into reasonably usable form. This includes drafts, non-identical copies, and metadata.

4. "Communication" means any transmission or exchange of information by any means, whether oral, written, or electronic, including but not limited to letters, memoranda, emails, text messages, instant messages, voicemails, social media messages, telephone conversations, and in-person discussions.

5. "Identify" when used with respect to:

• (a) A natural person -- state the person's full legal name, present or last-known home and business addresses, telephone number(s), email address(es), present or last-known employer and job title, all known aliases, and the person's relationship to any party in this action.
• (b) A business or other entity -- state its full legal name, form of organization, jurisdiction of formation, address of its principal place of business, and the identity of the individual(s) most knowledgeable about the subject matter in question.
• (c) A document -- state its title, date, author(s), recipient(s), type (e.g., email, contract, memorandum), general subject matter, Bates number range (if applicable), and the identity of its present custodian.

6. "Action" means the above-captioned lawsuit.

7. "Incident" means the events, acts, omissions, and circumstances giving rise to this Action, as described in the Complaint.

8. "Relevant Period" means the time period from [__/__/____] through the present, unless otherwise specified in an individual Interrogatory.

9. "Person" means any natural person or legal entity, including corporations, limited liability companies, partnerships, associations, and governmental bodies.

10. "Concerning" or "Relating to" means referring to, describing, evidencing, constituting, mentioning, reflecting, connected with, commenting on, regarding, or pertaining to, in whole or in part.

III. INSTRUCTIONS

1. Answer each Interrogatory separately and fully, in writing and under oath, pursuant to I.R.C.P. 33(b)(1). Each answer must be preceded by the full text of the Interrogatory to which it responds.

2. If any Interrogatory is objected to in whole or in part, state the specific ground(s) for each objection and answer the remainder of the Interrogatory to the extent not objectionable. General or boilerplate objections are disfavored and may be deemed waived.

3. If You withhold any information on the basis of attorney-client privilege, work-product doctrine, or any other privilege or protection, You must produce a privilege log that complies with I.R.C.P. 26(b)(5)(A), identifying the nature of the privilege, the Document withheld, and sufficient detail to enable assessment of the claim without revealing privileged information.

4. Whenever knowledge or information contained in an answer is not within Your personal knowledge, identify the person(s) who possess such knowledge and state the source of the information provided.

5. An answer stating that You lack sufficient information or knowledge to respond must detail the efforts made to obtain the information.

6. These Interrogatories are deemed continuing. If You obtain additional responsive information after serving Your answers, You must promptly supplement or correct responses in accordance with I.R.C.P. 26(e).

7. The singular shall include the plural and vice versa; the masculine shall include the feminine and neuter and vice versa; "and" shall include "or" and vice versa, as necessary to make each Interrogatory inclusive rather than exclusive.

8. Furnish all responsive information in Your possession, custody, or control, including information held by Your current or former agents, employees, accountants, and attorneys (except privileged communications).

9. Where knowledge, information, or Documents are requested, such request includes knowledge, information, or Documents reasonably available to You.

10. When the name or identity of a Person is requested, provide all known aliases.

11. Unless otherwise specified, these Interrogatories cover the Relevant Period defined above.

IV. INTERROGATORIES

Interrogatory No. 1:
State all facts supporting Your denial of any material allegation in the Complaint, identifying for each denial the specific paragraph(s) denied, the basis for the denial, and all Documents and witnesses supporting Your position.

Interrogatory No. 2:
Identify every Person with knowledge of facts Concerning the claims or defenses in this Action, and for each such Person state: (a) their full name and contact information; (b) the subject matter(s) of their knowledge; and (c) whether they were a percipient witness to any specific event described in the pleadings.

Interrogatory No. 3:
Describe in detail each Communication between You and any other party or non-party Concerning the matters alleged in the Complaint, stating for each Communication: (a) the date; (b) all participants; (c) the medium (e.g., email, telephone, in-person); and (d) the substance.

Interrogatory No. 4:
Identify and describe all Documents You contend support Your affirmative defenses, including for each Document: (a) the title or description; (b) the date; (c) the author; (d) the Bates range (if applicable); and (e) the present custodian.

Interrogatory No. 5:
State the factual basis for each element of damages You allege Plaintiff caused, itemizing each category of damage, the amount claimed, and the method of calculation.

Interrogatory No. 6:
Identify all insurance agreements (including primary, excess, umbrella, and surplus lines policies) under which any insurer may be liable to satisfy part or all of a judgment in this Action or to indemnify or reimburse You. For each policy, state: (a) the name and address of the insurer; (b) the policy number; (c) the policy period; (d) the per-occurrence and aggregate limits of liability; (e) applicable deductible or self-insured retention; and (f) any relevant exclusions.

Interrogatory No. 7:
Describe with particularity every effort You made to preserve Documents and ESI relevant to this Action, including: (a) the dates and methods of any litigation hold; (b) the identity of the person(s) who issued the hold; (c) the scope of the hold; and (d) the steps taken to ensure compliance.

Interrogatory No. 8:
Identify each expert witness You expect to call at trial, and for each expert state: (a) the expert's full name, business address, and qualifications; (b) the subject matter on which the expert is expected to testify; (c) a brief summary of the opinions to be expressed; and (d) the bases for each opinion.

Interrogatory No. 9:
State whether You have ever been a party to any prior litigation, arbitration, or administrative proceeding Concerning [________________________________] or similar subject matter, and for each such proceeding provide: (a) the case caption; (b) the court or tribunal; (c) the case number; (d) the nature of the claims; and (e) the ultimate disposition.

Interrogatory No. 10:
For each affirmative defense based on a statute, regulation, ordinance, or common-law principle, identify the specific legal authority and describe all facts supporting its application to this Action.

Interrogatory No. 11:
State in detail the factual basis for each affirmative defense asserted in Your Answer, including identification of every fact, Document, and witness upon which You rely.

Interrogatory No. 12:
Describe with particularity each Communication between You and Plaintiff (or Plaintiff's agents or representatives) Concerning the subject matter of this litigation, stating for each: (a) the date; (b) all participants; (c) the medium; and (d) the substance.

Interrogatory No. 13:
Identify every person who participated in preparing, reviewing, or supplying information for the answers to these Interrogatories, and describe each person's role.

Interrogatory No. 14:
Describe all policies, procedures, guidelines, protocols, or training materials in effect during the Relevant Period that relate to [________________________________], and identify each Document comprising those materials and the custodian of each.

Interrogatory No. 15:
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 state the factual and legal basis for Your contention, including all supporting evidence.

Interrogatory No. 16:
Describe any investigation conducted by You or on Your behalf Concerning the Incident or the allegations in the Complaint, including: (a) the person(s) who directed the investigation; (b) the dates the investigation was conducted; (c) each person interviewed; and (d) whether any written or recorded statements were obtained.

Interrogatory No. 17:
Identify all electronic devices, servers, databases, cloud storage accounts, or other storage media in Your possession, custody, or control that contain or may contain Documents or ESI relevant to this Action. For each, describe the steps taken to preserve the data stored thereon.

Interrogatory No. 18:
State whether You contend that Plaintiff failed to mitigate damages, and if so, describe all facts supporting that contention and identify all supporting witnesses and Documents.

Interrogatory No. 19:
Identify any surveillance recordings, photographs, or videos taken by You or on Your behalf that relate to Plaintiff, the Incident, or the claims in this Action, stating for each: (a) the date created; (b) the creator; (c) the subject matter; and (d) the present custodian.

Interrogatory No. 20:
Describe all safety protocols, guidelines, regulations, industry standards, or codes applicable at the time of the Incident and state whether each was followed. For each protocol not followed, explain the reason and identify the person(s) responsible.

V. CASE-SPECIFIC INTERROGATORIES

The following blank interrogatories are provided for case-specific questions. The total number of interrogatories including subparts from Sections IV and V combined must not exceed forty (40) without stipulation or court order. See I.R.C.P. 33(a)(1).

Interrogatory No. 21:
[________________________________]

Interrogatory No. 22:
[________________________________]

Interrogatory No. 23:
[________________________________]

Interrogatory No. 24:
[________________________________]

Interrogatory No. 25:
[________________________________]

VI. VERIFICATION

VERIFICATION OF DEFENDANT'S ANSWERS

(To be completed by the responding party when answering)

I, [________________________________], declare under penalty of perjury pursuant to Idaho Code Section 9-1404 that:

☐ I am the Defendant in the above-captioned action.

☐ I am the [________________________________] (title/position) of Defendant [________________________________] and am authorized to answer these Interrogatories on Defendant's behalf.

I have read the foregoing Answers to Plaintiff's First Set of Interrogatories and the answers are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]
Printed Name: [________________________________]
Title/Position: [________________________________]
Date: [__/__/____]

Note: Idaho Code Section 9-1404 permits verification by declaration under penalty of perjury in lieu of a sworn notarized statement. If notarization is preferred:

NOTARIZATION (Optional)

STATE OF IDAHO
COUNTY OF [________________________________]

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

Signature: [________________________________]
Notary Public for the State of Idaho
Residing at: [________________________________]
My Commission Expires: [__/__/____]

VII. CERTIFICATE OF SERVICE

I certify that on [__/__/____], I served the foregoing Plaintiff's First Set of Interrogatories to Defendant by the method indicated below:

Method of Service:

☐ Idaho Court Electronic Filing System (iCourt)
☐ Hand delivery
☐ First-class United States mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Overnight delivery
☐ Email (by agreement of counsel)
☐ Other: [________________________________]

Served Upon:

[________________________________], Esq.
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
Idaho State Bar No.: [________________________________]

Signature: [________________________________]
[________________________________], Esq.
Attorney for Plaintiff
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
Idaho State Bar No.: [________________________________]

VIII. PRACTICE NOTES

A. Idaho-Specific Discovery Considerations

1. Forty-Interrogatory Limit. I.R.C.P. 33(a)(1) limits interrogatories to 40, including all discrete subparts, per party. Additional interrogatories require stipulation under I.R.C.P. 29 or a court order upon a showing of good cause. Each discrete subpart that is not logically subsumed within the primary question counts as a separate interrogatory.

2. Response Deadline. Under I.R.C.P. 33(b)(2), answers and objections are due within 30 days of service, or 45 days if the interrogatories accompany service of the Summons and Complaint. A different deadline may be set by stipulation (I.R.C.P. 29) or court order.

3. No Filing with Court. I.R.C.P. 33(d) provides that neither interrogatories nor answers are filed with the Court. The propounding party must maintain originals for one year following final disposition and expiration of any appeal period. Discovery documents may be filed only when relevant to a pending motion.

4. Verification Under Penalty of Perjury. Idaho permits verification by declaration under penalty of perjury pursuant to Idaho Code Section 9-1404. This eliminates the need for notarization. However, notarized verification remains an acceptable alternative.

5. Business Records Option. Under I.R.C.P. 33(b)(4), if the answer to an interrogatory may be derived from business records 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 reasonable opportunity to examine, audit, or inspect them.

6. Motions to Compel. If Defendant fails to answer or provides evasive or incomplete answers, Plaintiff may file a motion to compel under I.R.C.P. 37(a). The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery to resolve the dispute without court action. See I.R.C.P. 37(a)(1).

7. Sanctions. I.R.C.P. 37(b) authorizes sanctions for failure to comply with discovery orders, including orders establishing facts, precluding evidence, striking pleadings, dismissing the action, rendering default judgment, or holding the party in contempt. Attorney's fees and costs may also be awarded under I.R.C.P. 37(a)(5).

8. Duty to Supplement. I.R.C.P. 26(e) requires timely supplementation of prior responses if the party learns that the response is incomplete or incorrect and the additional or corrective information has not been made known to the other parties during discovery or in writing. Failure to supplement may result in exclusion of evidence at trial under I.R.C.P. 37(c)(1).

9. Proportionality. I.R.C.P. 26(b)(1) limits discovery to matters that are relevant to any party's claim or defense and proportional to the needs of the case. Factors include the importance of the issues, the amount in controversy, the parties' relative access to information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.

B. Court-Specific Filing Notes

10. iCourt Electronic Filing. Idaho uses the iCourt electronic filing system statewide. Electronic filing is mandatory in most Idaho district courts. Verify the applicable requirements for the judicial district and county.

11. Local Rules. Individual judicial district courts may have local rules affecting discovery practice. Check for any applicable local rules, administrative orders, or scheduling orders.

12. Scheduling Orders. Review any applicable scheduling order or case management plan issued under I.R.C.P. 16 for discovery deadlines that may differ from default rule timelines.

IX. SOURCES AND REFERENCES

• Idaho Rules of Civil Procedure, Rule 26 -- General Provisions Governing Discovery
• Idaho Rules of Civil Procedure, Rule 33 -- Interrogatories to Parties
• Idaho Rules of Civil Procedure, Rule 34 -- Production of Documents, ESI, and Tangible Things
• Idaho Rules of Civil Procedure, Rule 37 -- Failure to Make Disclosures or Cooperate in Discovery; Sanctions
• Idaho Rules of Civil Procedure, Rule 26(e) -- Supplementation of Responses
• Idaho Rules of Civil Procedure, Rule 29 -- Stipulations About Discovery Procedure
• Idaho Code Section 9-1404 -- Verification by Declaration
• Idaho Supreme Court Official Rules: https://isc.idaho.gov/ircp33-new
• Idaho Rules of Civil Procedure Index: https://isc.idaho.gov/ircp-new

This template is designed for use in Idaho state district courts. Practitioners should verify all rule citations and Idaho Code references, confirm any applicable local rules and scheduling orders, and tailor interrogatories to the specific claims and defenses at issue. The total number of interrogatories including subparts must not exceed 40 per party without stipulation or court order under I.R.C.P. 33(a)(1).