Massachusetts State Court Discovery Interrogatories

COMMONWEALTH OF MASSACHUSETTS

[________________________________] COURT DEPARTMENT

[________________________________] DIVISION

Civil Action No.: [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

(Served Pursuant to Mass. R. Civ. P. 26 and 33)

ATTORNEY INFORMATION

Propounding Attorney:

Date of Service: [__/__/____]

I. INTRODUCTORY STATEMENT

Pursuant to Massachusetts Rules of Civil Procedure ("Mass. R. Civ. P.") Rules 26 and 33, and Superior Court Rule 30, Plaintiff [________________________________] hereby propounds the following Interrogatories upon Defendant [________________________________], to be answered fully, separately, in writing, and under oath.

Response Deadline

Under Mass. R. Civ. P. 33(a), Defendant must serve sworn written answers and any objections within forty-five (45) days after service of these Interrogatories. If a shorter or longer time is appropriate, the parties may stipulate in writing or the Court may so order.

Interrogatory Limit

Pursuant to Mass. R. Civ. P. 33(a), no party may serve more than thirty (30) interrogatories, inclusive of all discrete subparts, upon any other party without leave of court or written stipulation of the parties. The permitted thirty interrogatories may be divided into sets, provided that the total number served never exceeds thirty. This First Set contains [____] interrogatories (including subparts) and counts toward the thirty-interrogatory limit.

Continuing Obligation

These Interrogatories are continuing in nature. Defendant must seasonably supplement or amend any response whenever additional or corrective information becomes available, in accordance with Mass. R. Civ. P. 26(e).

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" shall have the broadest meaning permitted under Mass. R. Civ. P. 26 and 34, encompassing all recorded information, tangible or digital, in whatever form stored, including writings, drawings, graphs, charts, photographs, sound recordings, images, electronically stored information ("ESI"), and other data or data compilations, together with any metadata. This includes drafts and non-identical copies.

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, and the person's relationship to any party in this action.
• (b) A corporation or other entity -- state its full legal name, form of organization, jurisdiction of formation, 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. "Incident" means the events, acts, omissions, and circumstances giving rise to this action, as described in the Complaint.

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

8. "Person" means any natural person, corporation, limited liability company, partnership, association, governmental body, or any other legal entity.

9. "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 Mass. R. Civ. P. 33(a). 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 with specificity the grounds for each objection and respond to the Interrogatory to the extent it is not objectionable. Objections not made within the response period are waived absent good cause. See Mass. R. Civ. P. 33(a); 37(d).

3. If You withhold any information on the basis of attorney-client privilege, work-product doctrine, or any other privilege or protection, You must: (i) expressly identify the privilege claimed; and (ii) 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.

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 Mass. R. Civ. P. 26(e). Failure to supplement may result in exclusion of evidence at trial.

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

9. The scope of discovery under Mass. R. Civ. P. 26(b)(1) permits inquiry into "any matter, not privileged, which is relevant to the subject matter involved in the pending action." An Interrogatory otherwise proper is not objectionable merely because an answer involves an opinion or contention relating to fact or application of law to fact. See Mass. R. Civ. P. 33(b).

IV. INTERROGATORIES

Interrogatory No. 1:
Identify every person who participated in preparing, reviewing, or supplying information for the answers to these Interrogatories, and describe each person's role and the specific Interrogatories for which each person provided information.

Interrogatory No. 2:
Identify all persons known to You who have knowledge of any facts relevant to the claims or defenses in this action, and for each such person provide: (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:
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 to support each defense.

Interrogatory No. 4:
Describe Defendant's understanding of the events giving rise to the allegations in paragraph(s) [____] of the Complaint, including all relevant dates, locations, participants, and actions taken.

Interrogatory No. 5:
Identify each Document or ESI that supports, contradicts, or relates to Plaintiff's claim that [________________________________].

Interrogatory No. 6:
Describe with particularity each Communication between You and Plaintiff (or Plaintiff's agents or representatives) Concerning [________________________________], stating for each Communication: (a) the date; (b) all participants; (c) the method (e.g., email, telephone, in-person); and (d) the substance.

Interrogatory No. 7:
Describe all policies, procedures, protocols, and training materials in effect during the Relevant Period regarding [________________________________], and identify the custodians of such materials.

Interrogatory No. 8:
State the amount and method of calculating any damages You contend were caused by Plaintiff, detailing each element of loss and identifying all Documents and witnesses supporting each element.

Interrogatory No. 9:
Identify all insurance agreements (including primary, excess, umbrella, and surplus lines policies), indemnity agreements, or reservation-of-rights letters that may satisfy, indemnify, or reimburse any judgment in this action. For each, state: (a) the name and address of the insurer or indemnitor; (b) the policy or agreement number; (c) the policy period; (d) the applicable limits; and (e) any relevant exclusions or conditions.

Interrogatory No. 10:
If You contend that any person other than Defendant is responsible for the injuries or damages alleged, identify each such person and state the factual and legal basis for that contention.

Interrogatory No. 11:
State whether You have been a party to any prior litigation, arbitration, or regulatory proceeding Concerning [________________________________] within the past ten (10) years, and if so, identify: (a) the tribunal; (b) the case caption and docket number; (c) the nature of the claims; and (d) the disposition.

Interrogatory No. 12:
Describe in detail each investigation conducted by You or on Your behalf Concerning the Incident or the allegations in the Complaint, including the identity of the person(s) who directed the investigation, the dates it occurred, the persons interviewed, and whether any written or recorded statements were obtained.

Interrogatory No. 13:
Describe Your document retention and destruction policies applicable during the Relevant Period, including: (a) the types of Documents subject to scheduled destruction; (b) the applicable retention periods; and (c) whether a litigation hold was issued in connection with this matter, and if so, the date issued, the person(s) who issued it, and the scope of the hold.

Interrogatory No. 14:
Identify each expert witness You have retained or 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) the substance of the facts and opinions to which the expert is expected to testify; and (d) a summary of the grounds for each opinion.

Interrogatory No. 15:
If You contend that Plaintiff failed to mitigate damages, describe all facts supporting that contention, and identify all supporting witnesses and Documents.

Interrogatory No. 16:
Describe all efforts You have made to comply with any statutory, regulatory, or contractual obligations implicated by Plaintiff's claims, including identification of specific steps taken and the dates of those steps.

Interrogatory No. 17:
Identify any governmental or regulatory investigations, inquiries, or proceedings related to the subject matter of this litigation, including the agency involved, file or docket number, and current status.

Interrogatory No. 18:
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 such ESI since the date You reasonably anticipated litigation.

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 thirty (30) without leave of court or written stipulation. See Mass. R. Civ. P. 33(a).

Interrogatory No. 19:
[________________________________]

Interrogatory No. 20:
[________________________________]

Interrogatory No. 21:
[________________________________]

Interrogatory No. 22:
[________________________________]

VI. VERIFICATION

VERIFICATION OF DEFENDANT'S ANSWERS

(To be completed by the responding party when answering)

Pursuant to Mass. R. Civ. P. 33(a), the answers to interrogatories must be signed by the person making them and must be made under the pains and penalties of perjury.

I, [________________________________], depose and state under the pains and penalties of perjury that:

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

☐ I am the [________________________________] (title/position) of Defendant [________________________________] and am authorized to make this verification on Defendant's behalf.

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

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

VII. 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). The Court may also order that designated facts be taken as established, prohibit the disobedient party from introducing certain evidence, strike pleadings or parts thereof, stay proceedings, dismiss the action or render default judgment, or hold the party in contempt.

VIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], 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 by the method indicated below, in compliance with Mass. R. Civ. P. 5:

Method of Service:

☐ Hand delivery
☐ First-class United States mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic filing and service through the Court's e-filing system
☐ Email (by agreement of the parties)
☐ Other: [________________________________]

Served Upon:

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

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

IX. PRACTICE NOTES

A. Massachusetts-Specific Discovery Considerations

1. Thirty-Interrogatory Limit. Mass. R. Civ. P. 33(a) imposes a strict limit of 30 interrogatories, including all discrete subparts, per party. The permitted 30 may be served in multiple sets, but the cumulative total may never exceed 30 without leave of court or written stipulation. Each discrete subpart that is not logically or factually subsumed within the primary question counts as a separate interrogatory.

2. Response Deadline. Under Mass. R. Civ. P. 33(a), answers are due within 45 days of service. This is longer than many other jurisdictions. The parties may stipulate to a different period, and the Court may modify the deadline by order.

3. Verification Under Pains and Penalties of Perjury. Massachusetts does not require notarization of interrogatory answers. Instead, Mass. R. Civ. P. 33(a) requires that answers be signed by the person making them under the pains and penalties of perjury. This has the same legal effect as a sworn statement.

4. Superior Court Rule 30. In the Superior Court, additional requirements apply under Superior Court Rule 30. This rule may impose additional formatting or procedural requirements. Practitioners should review the current version of Superior Court Rule 30 alongside Mass. R. Civ. P. 33.

5. Motions to Compel. If Defendant fails to answer or provides evasive or incomplete answers, Plaintiff may file a motion to compel under Mass. R. Civ. P. 37(a). The motion should include a certification that the movant has in good faith conferred or attempted to confer with the opposing party to resolve the dispute before seeking court intervention.

6. Duty to Supplement. Mass. R. Civ. P. 26(e) requires seasonable supplementation if information was incorrect when provided or if new information renders prior answers incomplete or inaccurate. This duty extends through the close of trial.

7. Contention Interrogatories. Mass. R. Civ. P. 33(b) expressly permits interrogatories that involve opinions or contentions relating to fact or the application of law to fact. However, the Court may defer answers to such interrogatories until after designated discovery has been completed or until a pretrial conference.

8. Business Records Option. Under Mass. R. Civ. P. 33(c), where 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 from which the answer can be derived and afford the propounding party reasonable opportunity to examine and audit such records.

B. Court-Specific Filing Notes

9. Trial Court Departments. Massachusetts trial courts include the Superior Court, District Court, Housing Court, Land Court, Probate and Family Court, and Juvenile Court. Confirm the appropriate court department and division for the caption.

10. Electronic Filing. Massachusetts courts use electronic filing (Tyler Technologies/Odyssey). Verify whether electronic filing is mandatory in the applicable court and division. Discovery documents are generally not filed with the court unless attached to a motion.

11. Tracking Orders. In Superior Court, cases may be subject to tracking orders (e.g., Average Track, Fast Track, Expedited Track) that establish specific discovery deadlines. Review the applicable tracking order and any case management conference order for deadlines.

X. SOURCES AND REFERENCES

• Massachusetts Rules of Civil Procedure, Rule 26 -- General Provisions Governing Discovery
• Massachusetts Rules of Civil Procedure, Rule 33 -- Interrogatories to Parties
• Massachusetts Rules of Civil Procedure, Rule 37 -- Failure to Make Disclosure or Cooperate in Discovery
• Massachusetts Rules of Civil Procedure, Rule 26(e) -- Supplementation of Responses
• Massachusetts Superior Court Rule 30 -- Interrogatories
• Massachusetts General Laws Chapter 231, Section 61
• Mass.gov Official Rules Page: https://www.mass.gov/law-library/massachusetts-rules-of-civil-procedure
• Mass.gov Rule 33 Text: https://www.mass.gov/rules-of-civil-procedure/civil-procedure-rule-33-interrogatories-to-parties

This template is designed for use in Massachusetts state courts, including Superior Court and District Court. Practitioners should verify all rule citations, confirm any applicable standing orders or tracking orders, and tailor interrogatories to the specific claims and defenses at issue. The total number of interrogatories including subparts must not exceed 30 per party without leave of court.