State Court Discovery - Interrogatories

[PLAINTIFF/DEFENDANT]’S FIRST SET OF INTERROGATORIES TO [OPPOSING PARTY]

Illinois Circuit Court, [County] County
Case No. [___]

[Plaintiff] v. [Defendant]

Effective Date of Service: [MM/DD/YYYY]

TABLE OF CONTENTS

1. Preliminary Statement
2. Definitions
3. General Instructions
4. Interrogatories (Nos. 1-☐)
5. Verification
6. Certificate of Service

1. PRELIMINARY STATEMENT

These Interrogatories are propounded pursuant to Illinois Supreme Court Rules 201 and 213 and the Illinois Code of Civil Procedure. They are deemed continuing; you must reasonably supplement your answers in accordance with Rule 213. Failure to answer fully, timely, and under oath may subject the non-responding party to sanctions.

2. DEFINITIONS

For purposes of these Interrogatories, the following terms have the meanings set forth below. Each defined term has the same meaning regardless of capitalization or tense.

1. “Action” means the above-captioned lawsuit, including all claims, defenses, counterclaims, and third-party claims.
2. “Communication” means any oral or written transmission of information, including e-mails, letters, text messages, memoranda, and telephone calls.
3. “Document” has the broadest meaning permitted by Ill. Sup. Ct. R. 201(b)(1) and includes electronically stored information (“ESI”).
4. “Identify” (with respect to a natural person) means to state the individual’s full name, present or last-known address, telephone number, and employer.
5. “Identify” (with respect to a document) means to state: (a) its title or description, (b) date, (c) author(s) and recipient(s), (d) type of document (e.g., e-mail, contract), and (e) the Bates number or other identifying code if produced.
6. “You” or “Your” refers to [Opposing Party Name], including all present and former agents, employees, attorneys, and any other persons acting or purporting to act on its behalf.

3. GENERAL INSTRUCTIONS

A. Answer each Interrogatory separately, fully, and in writing under oath within 28 days after service, as required by Ill. Sup. Ct. R. 213(d).
B. No party may serve more than thirty (30) interrogatories, including subparts, without leave of court or written agreement (Ill. Sup. Ct. R. 213(c)).
C. If you object to any Interrogatory, state the specific grounds for each objection. Answer the balance of the Interrogatory not subject to objection.
D. When asserting any privilege or work-product protection, (i) expressly make the claim, and (ii) provide a privilege log that enables assessment of the claim without revealing the privileged information.
E. If any information is unknown, so state and provide all responsive information of which you have knowledge.
F. The singular includes the plural and vice-versa; the masculine, feminine, and neuter include each other; “and” and “or” shall be construed conjunctively and disjunctively to make the request inclusive rather than exclusive.
G. These Interrogatories are deemed continuing; promptly supplement or amend your answers if they become incomplete or incorrect in any material respect.

4. INTERROGATORIES

Interrogatory No. 1
Identify every person with knowledge of the facts alleged in your [Complaint/Answer], summarizing the subject matter of each person’s knowledge.

Interrogatory No. 2
State the factual basis for each affirmative defense you have pleaded, identifying all documents and witnesses that support each basis.

Interrogatory No. 3
Describe in detail all communications between you and [Opposing Party] concerning the subject matter of this Action, including the date, participants, and substance of each communication.

Interrogatory No. 4
Identify all documents that support the calculation of any damages you claim in this Action, specifying the type and amount of each category of damages.

Interrogatory No. 5
State whether you contend that any third party is responsible for the claims asserted, and if so, identify each such third party and describe the factual and legal basis for that contention.

Interrogatory No. 6
Set forth the complete factual basis for your contention that [specific contention—placeholder].

Interrogatory No. 7
Identify all insurance agreements that may satisfy part or all of a judgment in this Action, including the insurer, policy number, limits, and relevant provisions.

Interrogatory No. 8
Identify each expert witness you expect to call at trial and state the subject matter of the expert’s testimony, the substance of the opinions, and a summary of the grounds for each opinion.

Interrogatory No. 9
State all facts supporting your denial of liability (or claim of liability) against [Opposing Party].

Interrogatory No. 10
Describe all efforts you have undertaken to preserve documents and ESI relevant to this Action, including the date preservation efforts began, custodians notified, and methods employed.

5. VERIFICATION

I, ____________________________________, being first duly sworn, state that I am [a party/the authorized representative of __________]; that I have read the foregoing Answers to Interrogatories; and that the answers are true, correct, and complete to the best of my knowledge, information, and belief.

_____________________________
[Name and Title]

SUBSCRIBED AND SWORN before me
this ___ day of __________, 20__.

_____________________________
Notary Public
My commission expires: __________

6. CERTIFICATE OF SERVICE

The undersigned certifies that on [MM/DD/YYYY], a true and correct copy of the foregoing [Plaintiff/Defendant]’s First Set of Interrogatories to [Opposing Party] was served upon all counsel of record via [electronic filing system/e-mail/U.S. Mail] in accordance with applicable Illinois Supreme Court Rules.

_____________________________
[Attorney Name]
[Firm Name]
[Address]
[Phone]
[Email]
Attorney for [Plaintiff/Defendant]