Maine State Court Discovery - Interrogatories

MAINE STATE COURT DISCOVERY — INTERROGATORIES

Overview

Before service: Me. R. Civ. P. 33(a) limits a party to 30 interrogatories total to another party, counting each distinct subpart separately, unless the court orders otherwise. Select and renumber the questions below, check the cumulative count from earlier sets [____], and serve only a set within the remaining allowance or the applicable order. Interrogatories may be served on the plaintiff after the action begins and on another party with or after service of the summons, complaint, and notice regarding Electronic Service. Record the service date and response date [__________].

CASE CAPTION

STATE OF MAINE

[SUPERIOR / DISTRICT] COURT

[COUNTY / DISTRICT DIVISION]

Docket No.: [________________________________]

ATTORNEY INFORMATION

Attorney for Propounding Party:

PLAINTIFF'S [____] SET OF INTERROGATORIES TO DEFENDANT

TO: [________________________________] ("Responding Party"), by and through counsel of record.

I. INTRODUCTORY STATEMENT

Plaintiff [________________________________] ("Propounding Party"), by and through undersigned counsel, pursuant to Maine Rule of Civil Procedure 33, hereby propounds the following Interrogatories to Defendant [________________________________] ("Responding Party"). These Interrogatories must be answered fully, separately, and under oath in accordance with the following requirements:

Response duty: Rule 33(a) requires separate, full written answers under oath, or stated reasons for an objection. Rule 37 provides a motion-to-compel route for failure to answer and separate remedies if a discovery order is disobeyed.

II. DEFINITIONS

For purposes of these Interrogatories, the following terms shall have the meanings set forth below, regardless of capitalization, tense, or singular/plural usage:

A. "Action" means the above-captioned civil action, including all claims, counterclaims, cross-claims, defenses, and third-party claims.

B. "Communication" means every manner or form of disclosure, exchange, or transfer of information, whether oral, written, electronic, or otherwise, including but not limited to letters, memoranda, emails, text messages, instant messages, social media posts or direct messages, telephone calls, voicemails, video conferences, and in-person conversations.

C. "Concerning," "Relating to," or "Regarding" means referring to, describing, evidencing, constituting, reflecting, mentioning, or in any way logically or factually connected with the matter discussed.

D. "Date" means the exact day, month, and year, or if unknown, the best available approximation.

E. "Document" means a writing, drawing, graph, chart, photograph, recording, electronically stored information ("ESI"), or other data compilation within Me. R. Civ. P. 34(a).

F. "Identify" or "Identification" means:

• (i) When used with reference to a natural person: state the person's full legal name, present or last known home address, present or last known telephone number, present employer and job title, and relationship (if any) to any party in this Action.
• (ii) When used with reference to a business entity: state its full legal name, form of organization, state of formation, principal place of business, and the identity of a representative with knowledge of the subject matter.
• (iii) When used with reference to a Document: state its title or description, date, author(s), recipient(s), type (e.g., letter, email, report), Bates number(s) or other identifying mark(s), and present custodian or location.
• (iv) When used with reference to a Communication: state the date, all participants, the mode (e.g., telephone, email, in-person), and substance of the Communication.

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

H. "Subject Incident" means the events, transactions, or occurrences that form the basis of the claims alleged in the Complaint, occurring on or about [__/__/____] at [________________________________].

I. "You," "Your," or "Responding Party" means the party to whom these Interrogatories are directed. For an entity, answer through an officer or agent using information available to the party under Rule 33(a).

J. "Relevant Period" means [__/__/____] through the present date, unless otherwise specified in a particular Interrogatory.

III. INSTRUCTIONS AND GENERAL PROVISIONS

A. Oath Requirement. Each answer must be made separately, fully, and under oath. The answers must be signed by the party making them — not merely by counsel. Me. R. Civ. P. 33(a). If the responding party is a corporation, partnership, or governmental agency, an officer or agent shall furnish information available to the entity.

B. Objections. If You object to an Interrogatory, state the reasons for the objection in lieu of an answer, as Me. R. Civ. P. 33(a) provides. Respond to any separable portion not covered by the stated objection.

C. Privilege Claims. If any information is withheld based on any claim of privilege, work-product protection, or other immunity from disclosure, You must:

• (i) Expressly state the specific claim being asserted;
• (ii) Describe the nature of the withheld information sufficiently for other parties to assess the claim without revealing protected information, as Me. R. Civ. P. 26(b)(5)(A) requires.
• (iii) Responsive information not subject to the asserted privilege must still be provided.

D. Supplementation. Supplement responses when required by Me. R. Civ. P. 26(e), a court order, or an agreement of the parties. Rule 26(e) does not impose a general duty to supplement every response that was complete when made.

E. Sources of Information. Answer with information available to the responding party under Me. R. Civ. P. 33(a), subject to applicable privilege and trial-preparation protections.

F. Construction.

• (i) The singular includes the plural and vice versa.
• (ii) The masculine includes the feminine and vice versa.
• (iii) The terms "and" and "or" shall be construed inclusively (i.e., "and/or").
• (iv) Words shall be given their broadest reasonable meaning consistent with ordinary usage and the Maine Rules of Civil Procedure.

G. Time Period. Unless otherwise specified, each Interrogatory covers the Relevant Period as defined above.

H. Business Records Option. Under Me. R. Civ. P. 33(c), where the answer to an interrogatory may be derived from the business records of the responding party, and the burden of deriving the answer is substantially the same for the propounding party as for the responding party, the responding party may specify the records from which the answer can be derived and afford the propounding party a reasonable opportunity to examine and copy them.

I. Computation of Time. Compute deadlines under Me. R. Civ. P. 6(a). When a response period runs after service by mail, three additional days are added under Me. R. Civ. P. 6(c). The court may allow a shorter or longer response period under Rule 33(a).

IV. GENERAL INTERROGATORIES

INTERROGATORY NO. 1:
Identify the person or persons who prepared the responses to these Interrogatories on Your behalf.

INTERROGATORY NO. 2:
Describe Your account of the [SUBJECT INCIDENT / TRANSACTION].

INTERROGATORY NO. 3:
Identify each person You know to have material knowledge concerning [SPECIFIED DISPUTED ISSUE].

INTERROGATORY NO. 4:
State the facts supporting Your affirmative defense of [SPECIFY DEFENSE].

INTERROGATORY NO. 5:
Identify the photographs, recordings, or other media in Your possession, custody, or control that depict [SPECIFIED INCIDENT / PROPERTY / EVENT].

INTERROGATORY NO. 6:
Identify each insurance agreement discoverable under Me. R. Civ. P. 26(b)(2) that may satisfy part or all of a judgment in this Action or indemnify or reimburse a payment made to satisfy it.

INTERROGATORY NO. 7:
State the amount and method of calculating the [SPECIFIED OFFSET / CREDIT / COUNTERCLAIM] You contend reduces Plaintiff's recovery.

INTERROGATORY NO. 8:
State the facts supporting Your contention that [SPECIFIED NONPARTY] caused or contributed to [SPECIFIED INJURY / LOSS].

INTERROGATORY NO. 9:
Describe Your communications with [SPECIFIED PERSON] concerning [SPECIFIED ISSUE] during [DATE RANGE].

INTERROGATORY NO. 10:
Identify the custodians and sources of electronically stored information reasonably likely to contain material about [SPECIFIED ISSUE].

INTERROGATORY NO. 11:
State the facts supporting Your contention that Plaintiff failed to mitigate [SPECIFIED DAMAGE].

INTERROGATORY NO. 12:
Identify the policies or procedures in effect during [DATE RANGE] that governed [SPECIFIED PRACTICE] relevant to this Action.

V. CASE-SPECIFIC INTERROGATORIES

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

VI. CERTIFICATE OF SERVICE

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

Counsel for Defendant:

Method of Service: (Select all that apply)

☐ Delivery of a copy under Me. R. Civ. P. 5(b)
☐ Regular mail to the last known address
☐ Electronic Service by email to the address provided to the court: [________________________________]
☐ Other method authorized by court order or applicable rule: [________________________________]

Service method and date notice: The method checked above and service date stated in this certificate are provided with these interrogatories under Me. R. Civ. P. 26(f)(1). Serve the interrogatories and notice on the other parties; do not file them with the court unless ordered or needed in a proceeding. If electronic delivery fails, follow the regular-mail requirement in Rule 5(b).

Signature: [________________________________]

[________________________________], Esquire
Maine Bar No.: [________________________________]
Counsel for Plaintiff
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (Telephone)
[________________________________] (Email)

VII. PRACTICE NOTES

• Count and response period: Rule 33(a) permits more than one set, but limits each party to 30 interrogatories to another party in total unless the court orders otherwise. Count each distinct subpart separately. The ordinary answer period is 30 days after service; a defendant may answer or object within 45 days after service of the summons, complaint, and notice regarding Electronic Service on that defendant. The court may alter the period.
• Time and stipulations: Compute time under Rule 6(a). Rule 6(c) adds three days when a response period runs after service by mail. Rule 29 permits a written stipulation modifying discovery procedures unless the court orders otherwise; check any applicable scheduling order.
• Answers and objections: Rule 33(a) requires each interrogatory reproduced in full before its answer or objection. Answers must be separate, full, written, under oath, and signed by the person making them; an attorney signs objections. For an entity, an officer or agent answers with information available to the party. Original signed answers must be produced to the requesting party under Rule 5(b), even if an electronic copy was served.
• Privilege and supplementation: Rule 26(b)(5)(A) requires an express privilege or trial-preparation-protection claim and a description sufficient to assess it without revealing protected information. Rule 26(e) states the specific circumstances in which a complete response must be supplemented.
• Discovery dispute: Rule 37(a)(2) permits a request for an order compelling an unanswered interrogatory. Under Rule 26(g), first confer in good faith; if unresolved, request a hearing from the clerk by a short letter describing the dispute and relief, attaching only the specific challenged interrogatory and objection if the dispute concerns an objection. Do not file a written discovery motion or argument without the judge's prior approval. Rule 37(a)(4) governs motion expenses; Rule 37(b) governs disobedience of a discovery order; Rule 37(d) addresses a complete failure to serve answers or objections.
• ESI and protection: Rule 34 governs requests to produce documents and electronically stored information. Rule 26(c) allows a protective order for good cause. Tailor preservation and production requests to the facts, and use a separate Rule 34 request when actual production is sought.

VIII. SOURCES AND REFERENCES

• Maine Judicial Branch, Rules of Civil Procedure (June 1, 2026 compilation)
• Maine Judicial Branch, current rules index