State Court Discovery - Interrogatories

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

To [Opposing Party Name]

I. CAPTION

IN THE ☐ COURT OF [___] COUNTY, INDIANA
Cause No. [___]

[PLAINTIFF NAME],
      Plaintiff,

v.

[DEFENDANT NAME],
      Defendant.

II. INTRODUCTORY STATEMENT

Pursuant to Indiana Trial Rule 33 and any applicable local rules or case-management orders, [Plaintiff/Defendant] propounds the following Interrogatories, to be answered fully, separately, and under oath within thirty (30) days after service, except that a defendant served with these Interrogatories along with the summons and complaint shall serve answers within forty-five (45) days. See Ind. R. Trial P. 33(A).

III. DEFINITIONS

Unless the context indicates otherwise, the following definitions apply throughout these Interrogatories:

1. “You,” “Your,” or “Defendant/Plaintiff” means the party to whom these Interrogatories are directed, including all current and former agents, employees, representatives, attorneys, and any other person acting or purporting to act on that party’s behalf.

2. “Document” or “Documents” has the broadest meaning permitted by Ind. R. Trial P. 26 and 34, and includes electronically stored information (“ESI”) of every kind.

3. “Communication” means any transmission of information, whether oral, written, electronic, or otherwise.

4. “Person” includes any natural person, corporation, partnership, association, governmental entity, or other legal or business entity.

5. “Identify” means:
   a. With respect to a natural person: state the full name, last known address, telephone number, employer, and title or position.
   b. With respect to a document: state the title, date, author, recipient(s), general subject matter, and present custodian or location.
   c. With respect to an entity: state its full legal name, address, and the identity of a contact individual familiar with the matter.

IV. INSTRUCTIONS

1. Duty to Supplement: These Interrogatories are deemed continuing; you must seasonably supplement or amend your answers as required by Ind. R. Trial P. 26(E).

2. Privilege Log: If you withhold any information based on a claim of privilege, immunity, or other protection, produce a privilege log that complies with Ind. R. Trial P. 26(B)(5), identifying the nature of the information withheld sufficient to enable evaluation of the claim.

3. Completeness: Answer each Interrogatory fully. If you cannot answer in full, answer to the extent possible, explaining why completeness is unavailable and what efforts were made to obtain the missing information.

4. Objections: State any objection with specificity and answer the remainder of the Interrogatory to the extent it is not objectionable.

5. Time Frame: Unless otherwise stated, the relevant time period is ☐ to the present.

6. Number Limit: Absent court order or local rule to the contrary, this set contains twenty-five (25) Interrogatories, inclusive of subparts, consistent with the prevailing practice under Ind. R. Trial P. 26 and 33. Confirm any stricter local limitations before serving.
   

V. INTERROGATORIES

Interrogatory No. 1

Identify the person(s) who prepared or assisted in preparing the answers to these Interrogatories.

Interrogatory No. 2

Identify every individual likely to have discoverable information—along with the subjects of that information—that you may use to support your claims or defenses.

Interrogatory No. 3

State the factual basis for each denial, affirmative defense, counterclaim, or affirmative allegation contained in your [Answer/Complaint/Counterclaim], specifying the persons involved, the date(s) of occurrence, and all supporting documents.

Interrogatory No. 4

Describe in detail each communication between you and [Opposing Party] concerning the claims or defenses in this action, including the date, method, participants, and substance of each communication.

Interrogatory No. 5

Identify all documents that you contend support your claims or defenses, and state the page or Bates range where each supporting fact appears.

Interrogatory No. 6

State the total amount of damages you claim (or, if responding as defendant, you contend Plaintiff is not entitled to) and describe how each element of damage was calculated, including all assumptions, formulas, and identifying all supporting documents.

Interrogatory No. 7

Identify every insurance agreement or policy, including excess or umbrella coverage, that may satisfy all or part of a judgment in this action, stating policy number, limits, deductible, and any reservation of rights.

Interrogatory No. 8

Describe all steps you have taken to preserve potentially relevant documents or ESI since you first anticipated this litigation.

Interrogatory No. 9

Identify each expert witness you expect to call at trial, and for each, state:
a. The subject matter on which the expert is expected to testify;
b. The substance of the facts and opinions to which the expert is expected to testify; and
c. A summary of the grounds for each opinion.

Interrogatory No. 10

Identify all settlements, releases, offsets, or collateral sources that may reduce any recovery in this action, stating the amount, date, and parties to each agreement.

Interrogatory No. 11

Describe any investigation conducted concerning the circumstances giving rise to this lawsuit, including the identity of all investigators and any written or recorded statements obtained.

Interrogatory No. 12

State the date, time, and circumstances under which you first became aware of the events that form the basis of this lawsuit.

Interrogatory No. 13

Identify all photographs, videos, audio recordings, or other media relating to the incident(s) alleged, stating the date created, creator, and current custodian.

Interrogatory No. 14

Describe any repairs, modifications, or remedial measures taken after the incident(s) at issue, including dates, personnel involved, and costs.

Interrogatory No. 15

Identify all social-media accounts (including but not limited to Facebook, Instagram, Twitter, Snapchat, TikTok, LinkedIn, blogs, and forums) you maintained during the relevant period, and state whether any postings relate to the claims or defenses in this action.

Interrogatory No. 16

State whether you have ever been a party to any other civil or criminal proceeding involving allegations similar to those in this case, and if so, identify the caption, court, cause number, nature of the claims, and disposition.

Interrogatory No. 17

Identify all persons who have given written or recorded statements concerning the subject matter of this litigation, and for each state the date, form (written, recorded, etc.), and location of the statement.

Interrogatory No. 18

Describe any physical, mental, or emotional injuries you claim (or, if defendant, you attribute to plaintiff), including diagnosis, treatment providers, dates of treatment, prognosis, and medical expenses incurred or anticipated.

Interrogatory No. 19

If you contend any party failed to mitigate damages, state all facts supporting that contention.

Interrogatory No. 20

State every fact upon which you rely to assert that any statute of limitations, statute of repose, or other time bar applies (or does not apply) to the claims in this action.

Interrogatory No. 21

Identify each contractual provision, statute, regulation, or legal doctrine on which you base any claim for attorneys’ fees or costs in this action.

Interrogatory No. 22

Describe any indemnification, hold-harmless, or contribution rights you assert or that others may assert against you relating to the subject matter of this lawsuit, including the identity of any indemnitors or indemnitees.

Interrogatory No. 23

Identify all persons with knowledge regarding the authenticity, chain of custody, or admissibility of any document you intend to offer at trial.

Interrogatory No. 24

State the factual basis for every denial of any Request for Admission served by the opposing party.

Interrogatory No. 25

Identify and describe each item of evidence you intend to introduce as an exhibit at trial that has not otherwise been identified in your responses above.

VI. VERIFICATION

I, ________________________, being duly sworn, state under oath that I have read the foregoing Answers to Interrogatories and that they are true and complete to the best of my knowledge, information, and belief.

________________________________
[Party Name]

STATE OF INDIANA  )
                  )  SS:
COUNTY OF _______ )

Subscribed and sworn before me on __________________, 20____.

________________________________
Notary Public
My commission expires: __________

VII. CERTIFICATE OF SERVICE

I certify that on the ___ day of __________, 20___, a true and correct copy of the foregoing First Set of Interrogatories was served upon all counsel of record by [e-service/hand delivery/U.S. Mail/email] pursuant to Ind. R. Trial P. 5.

________________________________
[Attorney Name] (#__________)
[Firm Name]
[Address]
[Phone]
[Email]
Counsel for [Plaintiff/Defendant]