COMMONWEALTH OF MASSACHUSETTS

[COURT NAME]
CIVIL ACTION NO. [DOCKET NO.]

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT

(Served pursuant to Mass. R. Civ. P. 26 & 33)

[// GUIDANCE: This template is drafted for Massachusetts state-court practice. Confirm the applicable trial court department (e.g., Superior Court, District Court, BLS) and insert the correct caption information above.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (General Instructions)
IV. Interrogatories
V. Representations & Warranties (Verification)
VI. Covenants & Restrictions (Continuing Duty to Supplement)
VII. Default & Remedies (Sanctions Notice)
VIII. General Provisions (Service & Amendments)
IX. Execution Block (Counsel Signature)
X. Certificate of Service

I. DOCUMENT HEADER

1. Title: “Plaintiff’s First Set of Interrogatories to Defendant.”
2. Parties: [PLAINTIFF NAME] (“Plaintiff”) propounds the following interrogatories to [DEFENDANT NAME] (“Defendant”).
3. Effective Date of Service: [DATE OF SERVICE] (service by hand/e-service/mail per Mass. R. Civ. P. 5).
4. Governing Law & Forum: Discovery conducted under the Massachusetts Rules of Civil Procedure and any standing orders of the above-captioned court.

II. DEFINITIONS

Unless expressly indicated otherwise, the following definitions apply throughout:

“Action” means the above-captioned civil proceeding.
“Communication” means any oral or written transmission of information, including emails, text messages, voicemails, social-media messages, and face-to-face conversations.
“Document” and “Electronically Stored Information” or “ESI” have the broadest meaning permitted by Mass. R. Civ. P. 26 and 34, encompassing all recorded information, tangible or digital, in whatever form stored.
“Identify” means:
a. For a natural person: state full legal name, present or last-known address, telephone number, and relationship to the parties.
b. For a corporation/entity: state full legal name, jurisdiction of formation, principal place of business, and the individuals acting on its behalf relevant to the Interrogatory.
c. For a document/ESI: state title, date, author(s), recipient(s), type (e.g., email, contract), and current custodian.

[// GUIDANCE: Add or delete defined terms as needed to suit the subject matter of the case.]

III. OPERATIVE PROVISIONS (GENERAL INSTRUCTIONS)

1. Rule 33 Limits. Pursuant to Mass. R. Civ. P. 33(a), no more than thirty (30) interrogatories, inclusive of discrete sub-parts, may be served without leave of court or written stipulation of the parties. The interrogatories below are numbered 1-[TOTAL #] and, together with sub-parts, do not exceed that limit.
2. Response Deadline. Defendant must serve sworn answers and any objections within forty-five (45) days after service (Mass. R. Civ. P. 33(a)).
3. Answering Each Interrogatory. Each interrogatory must be answered separately and fully in writing under oath, unless objected to, in which event the reasons for objection shall be stated in lieu of an answer. Partial answers are not permitted.
4. Objections. If Defendant objects to an interrogatory or any portion thereof, state all grounds with specificity. Objections not made within the response deadline are waived absent good cause (Mass. R. Civ. P. 33(b)(4); 37(d)).
5. Privilege & Work-Product. If information is withheld based on privilege or work-product protection, expressly identify the privilege asserted and provide a privilege log conforming to Mass. R. Civ. P. 26(b)(5)(A) sufficient to enable assessment of the claim without revealing privileged information.
6. ESI. Where responsive information is contained in ESI, identify the systems, custodians, and search parameters used.
7. Continuing Duty to Supplement. Defendant must seasonably amend any response if (a) information was incorrect when made, or (b) new information renders the answer incomplete or inaccurate, as required by Mass. R. Civ. P. 26(e).
8. Time Period. Unless otherwise specified, the relevant time period is [START DATE] through the present.
9. Scope & Construction. Terms not defined herein shall be construed in accordance with ordinary usage and Mass. R. Civ. P. 26(b)(1)’s relevancy standard: “any matter, not privileged, that is relevant to the subject matter involved in the pending action.”
10. Singular/Plural & Gender. The singular includes the plural and vice versa; any gender includes all genders.

IV. INTERROGATORIES

[// GUIDANCE: Draft tailored interrogatories. The samples below illustrate common categories. Revise, delete, or expand to fit the pleadings and claims.]

1. Identify all persons with knowledge of the facts alleged in the Complaint or Defendant’s defenses, specifying the subjects of their knowledge.
2. Describe in detail Defendant’s understanding of the events giving rise to the allegations in paragraph(s) [__] of the Complaint.
3. State the complete factual basis for each affirmative defense asserted in Defendant’s [DATE] Answer, including identification of all documents and witnesses relied upon.
4. Identify each document or ESI that supports, contradicts, or relates to Plaintiff’s claim that [BRIEF CLAIM DESCRIPTION].
5. For each communication between Defendant and Plaintiff (or Plaintiff’s agents) concerning [SUBJECT], identify the date, method (e.g., email, telephone), participants, and substance.
6. Describe all policies, procedures, and training materials in effect during the Relevant Period regarding [TOPIC] and identify the custodians of such materials.
7. State the amount and method of calculating any damages Defendant contends were caused by Plaintiff, detailing all supporting documents and witnesses.
8. Identify all insurance agreements, indemnity agreements, or reservation-of-rights letters that may satisfy, indemnify, or reimburse any judgment in this Action.
9. If Defendant contends that any person other than Defendant is responsible for the injuries or damages alleged, identify such person and state the factual basis for that contention.
10. State whether Defendant has been a party to any prior litigation or regulatory proceeding concerning [SIMILAR SUBJECT], and if so, identify the tribunal, case number, parties, and disposition.

[// GUIDANCE: Mass. R. Civ. P. 33(a) counts each sub-part that is not logically or factually subsumed within and necessarily related to the primary question as a separate interrogatory. Audit final draft to ensure compliance.]

V. REPRESENTATIONS & WARRANTIES (VERIFICATION)

Pursuant to Mass. R. Civ. P. 33(b)(1), each answer must be in writing under oath, signed by the party, and must attest that the answers are true and complete to the best of the party’s knowledge, information, and belief.

“I, [NAME OF RESPONDING PARTY], depose and state under the pains and penalties of perjury that the foregoing answers are true and complete.”

[// GUIDANCE: Place this verification immediately following Defendant’s answers when served.]

VI. COVENANTS & RESTRICTIONS (CONTINUING DUTY)

Defendant is under a continuing obligation to supplement or correct its answers in accordance with Mass. R. Civ. P. 26(e) if it learns that any response is incomplete or incorrect.

VII. DEFAULT & REMEDIES (SANCTIONS NOTICE)

Failure to serve timely answers, or serving evasive or incomplete answers, may subject Defendant to a motion to compel and sanctions, including reasonable expenses and attorney’s fees, pursuant to Mass. R. Civ. P. 37(a)–(d).

VIII. GENERAL PROVISIONS

1. Method of Service. Plaintiff shall accept responses served by (a) hand, (b) first-class mail, or (c) electronic mail to counsel of record at [EMAIL ADDRESS], provided that any mailed hard-copy follows within three (3) business days.
2. Amendments & Stipulations. Any modification of these interrogatories, including enlargement of the 30-interrogatory limit, must be in writing, signed by all parties, or ordered by the Court.
3. Protective Orders. Nothing herein waives either party’s right to seek a protective order under Mass. R. Civ. P. 26(c).

IX. EXECUTION BLOCK (COUNSEL SIGNATURE)

Respectfully submitted,

[LAW FIRM NAME]

By: /s/ [ATTORNEY NAME]
[BAR NO.]
[ADDRESS]
[PHONE]
[EMAIL]

Counsel for Plaintiff [PLAINTIFF NAME]
Date: [DATE]

X. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I caused a true copy of the foregoing Plaintiff’s First Set of Interrogatories to Defendant to be served upon counsel of record for Defendant, [NAME], by [METHOD OF SERVICE], in compliance with Mass. R. Civ. P. 5.

/s/ [ATTORNEY NAME]
[ATTORNEY BAR NO.]

[// GUIDANCE:
1. Retain proof of service (e.g., USPS green card, email confirmation) for potential Rule 37 motions.
2. Add a prefatory “Notice of Discovery Serviced” to the court docket if required by local rules.
3. Confirm that the interrogatories are not premature under any case-specific discovery schedule or tracking order issued pursuant to Superior Court Standing Order 1-88 or the District Court’s equivalent.]