Maine State Court Discovery - Interrogatories

MAINE STATE COURT DISCOVERY — INTERROGATORIES

Overview

This template provides a comprehensive set of interrogatories for use in Maine Superior Court civil actions. Under Me. R. Civ. P. 33(a), a party may serve not more than a total of 30 interrogatories on any other party. Each distinct subpart in an interrogatory is deemed a separate interrogatory and counts toward the 30-question limit. The rule's intent is to limit the total number of interrogatories and encourage simple, direct questions rather than elaborate form questions containing multiple parts.

Responses are due within 30 days after service, or within 45 days if served contemporaneously with the summons and complaint. See Me. R. Civ. P. 33(a). Answers must be made in writing, under oath, and signed by the party — not merely by counsel.

CASE CAPTION

STATE OF MAINE

[________________________________] SUPERIOR COURT

[________________________________] COUNTY

Docket No.: [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

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 Deadline: The Responding Party must serve written answers and any objections within thirty (30) days after service of these Interrogatories, or within forty-five (45) days if served contemporaneously with the Summons and Complaint. Me. R. Civ. P. 33(a). Compute all deadlines in accordance with Me. R. Civ. P. 6(a), and add additional time for service by mail or electronic means per Me. R. Civ. P. 6(d).

Interrogatory Limit: This set contains [____] interrogatories, including all discrete subparts. Under Me. R. Civ. P. 33(a), a party may serve not more than a total of 30 interrogatories on any other party. Each distinct subpart is deemed a separate interrogatory and counts toward the 30-question limit. More than one set may be served, but the cumulative total across all sets may not exceed 30 without court order.

Sanctions for Failure to Respond: Failure to respond adequately and timely may result in sanctions under Me. R. Civ. P. 37, including an order compelling answers, an award of reasonable expenses and attorney fees, preclusion of evidence, striking of pleadings, or other relief as the court deems just.

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" has the meaning set forth in Me. R. Civ. P. 34(a) and includes electronically stored information ("ESI") of every kind and format, including writings, drawings, graphs, charts, photographs, audio recordings, video recordings, digital files, metadata, databases, and any other data compilations from which information can be obtained or translated into reasonably usable form.

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, together with all present and former agents, employees, officers, directors, representatives, attorneys, and any other Person acting or purporting to act on its behalf.

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 any Interrogatory or portion thereof, state the specific legal and factual grounds for each objection. Boilerplate or blanket objections that do not set forth specific grounds are improper and insufficient. Answer all non-objected portions fully. Me. R. Civ. P. 33(a).

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) Provide a privilege log that complies with Me. R. Civ. P. 26(b)(5), identifying each item withheld and supplying information sufficient to assess the assertion without revealing the privileged material itself.
• (iii) Responsive information not subject to the asserted privilege must still be provided.

D. Continuing Duty to Supplement. Pursuant to Me. R. Civ. P. 26(e), these Interrogatories are continuing in nature. You must promptly supplement Your answers if You obtain additional responsive information between the time of answering and trial. The duty to supplement applies to information relating to the identity and location of persons with knowledge, expert testimony, and any other matter as ordered by the court or agreed upon by the parties.

E. Sources of Information. Your answers shall include all information within Your possession, custody, or control, including information available through Your agents, representatives, attorneys, and all other Persons acting on Your behalf.

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 all deadlines in accordance with Me. R. Civ. P. 6(a). When service is made by mail, three additional days are added to the response period under Me. R. Civ. P. 6(d).

IV. GENERAL INTERROGATORIES

INTERROGATORY NO. 1:
Identify each Person who participated in preparing, reviewing, or supplying information for Your answers to these Interrogatories, and for each such Person, state the specific Interrogatory or Interrogatories to which that Person contributed information.

INTERROGATORY NO. 2:
State Your full legal name, all former names or aliases, date of birth, current home address, current employer, job title, and business address.

INTERROGATORY NO. 3:
Describe in complete detail Your version of how the Subject Incident occurred, including the chronological sequence of events, all actions taken by each participant, all statements made at or near the scene, and the physical conditions (weather, lighting, road surface, visibility, etc.) at the time and place of the incident.

INTERROGATORY NO. 4:
Identify every Person known to You who witnessed, observed, or has knowledge of any facts Relating to the Subject Incident, and for each such Person, state:

• (a) Their full name and contact information;
• (b) A summary of the facts known to that Person;
• (c) Whether that Person has provided any written or recorded statement; and
• (d) Whether You intend to call that Person as a witness at trial.

INTERROGATORY NO. 5:
State in detail the factual basis for each affirmative defense asserted in Your Answer, including identification of all Documents, Communications, and Persons upon which You rely to support each defense.

INTERROGATORY NO. 6:
Identify all photographs, videos, audio recordings, surveillance footage, or other media depicting the Subject Incident or its aftermath, and for each, state:

• (a) The date and time created;
• (b) The creator or source;
• (c) The current custodian and location;
• (d) A description of its content; and
• (e) Whether You intend to introduce it as an exhibit at trial.

INTERROGATORY NO. 7:
Identify every expert witness You expect to call at trial, and for each, provide the information required by Me. R. Civ. P. 26(b)(4)(A)(i)-(iii), including:

• (a) Full name, business address, and professional 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;
• (d) A summary of the grounds for each opinion; and
• (e) A list of all cases in which the expert has testified at trial or by deposition within the preceding four years.

INTERROGATORY NO. 8:
Describe all insurance agreements (primary, excess, umbrella, or reinsurance) under which any Person carrying on an insurance business may be liable to satisfy all or part of a judgment in this Action, or to indemnify or reimburse for payments made to satisfy such judgment, including for each:

• (a) The insurer name and address;
• (b) The policy number;
• (c) Effective dates and coverage period;
• (d) Per-occurrence and aggregate limits of liability;
• (e) Deductible or self-insured retention amounts;
• (f) Applicable exclusions or endorsements; and
• (g) Any reservation of rights positions taken by the insurer.

INTERROGATORY NO. 9:
State the total amount of damages or other monetary relief You contend should offset or reduce Plaintiff's claims, and describe the methodology, computations, and all Documents used to arrive at each category of offset, credit, or reduction.

INTERROGATORY NO. 10:
If You contend that any third party is wholly or partially responsible for the injuries or damages alleged by Plaintiff, identify each such third party and describe in detail the factual and legal basis for such contention, including all Documents and Communications supporting the claim.

INTERROGATORY NO. 11:
Describe all Communications between You and Plaintiff (or any agent or representative of Plaintiff) during the Relevant Period Concerning the subject matter of this Action, stating for each:

• (a) The date;
• (b) The participants;
• (c) The mode of Communication (e.g., telephone, email, letter, in-person); and
• (d) The substance of the Communication.

INTERROGATORY NO. 12:
Identify and describe all internal investigations, reviews, audits, or inquiries conducted by You or at Your direction Relating to the allegations in the Complaint or the Subject Incident, including:

• (a) The date(s) of the investigation;
• (b) The individuals who conducted or participated in the investigation;
• (c) The conclusions or findings reached; and
• (d) Any corrective or remedial actions taken as a result.

INTERROGATORY NO. 13:
Describe with particularity every category of electronically stored information ("ESI") maintained by You that is potentially relevant to this Action, including:

• (a) The types of ESI (email systems, text messages, databases, cloud storage, etc.);
• (b) The custodians and data sources;
• (c) Retention policies and periods;
• (d) Any steps taken to preserve such ESI since the date You first anticipated litigation; and
• (e) Whether any potentially relevant ESI has been destroyed, lost, or overwritten, and if so, the circumstances thereof.

INTERROGATORY NO. 14:
State whether You have destroyed, discarded, lost, or otherwise disposed of any Documents Concerning this Action or the Subject Incident at any time after You first anticipated litigation, and if so, for each such Document, identify:

• (a) The type of Document;
• (b) The date range covered;
• (c) The date and circumstances of destruction, loss, or disposal; and
• (d) The Person(s) responsible.

INTERROGATORY NO. 15:
If You contend that Plaintiff failed to mitigate damages, state all facts upon which You base that contention, identify all Persons with knowledge of such facts, and identify all Documents supporting the contention.

INTERROGATORY NO. 16:
If You contend that any claim asserted by Plaintiff is barred by the statute of limitations, laches, estoppel, or any other time-based defense, identify each statute, rule, or doctrine relied upon and state all facts supporting its applicability.

INTERROGATORY NO. 17:
Identify all Persons (other than retained experts) who possess knowledge of facts relevant to this Action, and for each such Person provide:

• (a) Full name and contact information;
• (b) A summary of the relevant knowledge possessed; and
• (c) The Person's relationship to any party in this Action.

INTERROGATORY NO. 18:
Describe all policies, procedures, guidelines, protocols, or training materials in effect during the Relevant Period that relate to [________________________________] (subject matter at issue), and identify all Persons responsible for creating, implementing, or enforcing each such policy.

INTERROGATORY NO. 19:
For each denial of any allegation in the Complaint, state the factual basis for the denial and identify all Documents and Communications supporting the denial.

V. CASE-SPECIFIC INTERROGATORIES

The following blank interrogatories are provided for case-specific questions. Number them consecutively following the General Interrogatories above. Ensure the cumulative total of all interrogatories, including distinct subparts, does not exceed 30 under Me. R. Civ. P. 33(a).

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

INTERROGATORY NO. [____]:
[________________________________]

VI. VERIFICATION / OATH

Important: Maine requires that answers to interrogatories be signed under oath by the party — not merely by counsel. See Me. R. Civ. P. 33(a).

STATE OF [________________________________] )
) ss.
COUNTY OF [________________________________] )

I, [________________________________], hereby depose and state under oath that I am [________________________________] (title/position, if applicable) and am duly authorized to make these answers on behalf of [________________________________] (party name); that I have read the foregoing Answers to Interrogatories and know the contents thereof; and that the same are true and complete to the best of my knowledge, information, and belief.

Signature: [________________________________]

Printed Name: [________________________________]

Title (if applicable): [________________________________]

Date: [__/__/____]

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

Notary Public / Attorney at Law: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

VII. CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [________________________________], 20[____], 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)

☐ Hand delivery
☐ First-class United States mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic filing and service via the Maine court e-filing system
☐ Facsimile transmission to [________________________________]
☐ Email to [________________________________]
☐ Other method authorized under Me. R. Civ. P. 5(b): [________________________________]

Service was made in accordance with Me. R. Civ. P. 5(b).

Signature: [________________________________]

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

VIII. PRACTICE NOTES AND GUIDANCE

A. Maine Interrogatory Limits and Counting Rules

Under Me. R. Civ. P. 33(a), a party may serve not more than 30 interrogatories on any other party. Each distinct subpart is deemed a separate interrogatory. The rule explicitly states that its intent is to "limit the total number of interrogatories served and to encourage simple, direct questions rather than elaborate form questions containing multiple parts." Multiple sets of interrogatories are permitted, but the cumulative total across all sets may not exceed 30 without court order.

B. Comparison to Federal Rules

Maine's 30-interrogatory limit differs from the federal 25-interrogatory limit under Fed. R. Civ. P. 33(a)(1). However, many Maine judges informally expect parity with federal practice. Keep sets concise and obtain leave of court if expansive discovery is required.

C. Response Deadlines and Extensions

• Standard deadline: 30 days from service. Me. R. Civ. P. 33(a).
• Served with complaint: 45 days from service.
• Mail service: Add 3 days per Me. R. Civ. P. 6(d).
• Extensions: Parties may stipulate to extensions under Me. R. Civ. P. 29. Court approval may be required if the extension affects scheduling order deadlines.
• Computation of time: Compute under Me. R. Civ. P. 6(a) (exclude day of service, include last day unless Saturday, Sunday, or legal holiday).

D. Verification Requirement

Maine requires that interrogatory answers be signed under oath by the party — not merely by counsel. Me. R. Civ. P. 33(a). Failure to properly verify may render answers inadmissible. Confirm that the signatory has adequate personal knowledge or access to information reasonably available to the party.

E. Privilege Log Requirements

Under Me. R. Civ. P. 26(b)(5), when information is withheld on the basis of privilege or work-product protection, the withholding party must notify other parties and provide sufficient information to enable assessment of the claim. A deficient privilege log invites waiver arguments. Ensure the log includes sufficient detail to evaluate each claim without revealing privileged content.

F. Motion to Compel

If the responding party fails to answer or provides evasive or incomplete answers, move to compel under Me. R. Civ. P. 37(a) promptly to avoid arguments of waiver or acquiescence. The motion must include certification of good-faith efforts to resolve the dispute before filing.

G. Sanctions

Under Me. R. Civ. P. 37, sanctions for failure to comply with discovery orders may include:
☐ An order compelling disclosure or discovery
☐ An award of reasonable expenses, including attorney fees
☐ An order establishing designated facts as admitted
☐ An order precluding the disobedient party from supporting or opposing claims or defenses
☐ An order striking pleadings or parts thereof
☐ An order staying proceedings until compliance
☐ An order dismissing the action or entering default judgment
☐ Contempt of court

H. E-Discovery Considerations

Maine has adopted the 2014 e-discovery amendments. Practitioners should:
☐ Issue a litigation hold letter as early as possible
☐ Negotiate an ESI protocol addressing format of production, search methodologies, and cost allocation
☐ Address preservation obligations at the initial case management conference
☐ Consider proportionality when requesting ESI — the burden and expense should not outweigh the likely benefit

I. Protective Orders

For trade secrets, confidential business information, or sensitive personal data, parties may seek a protective order under Me. R. Civ. P. 26(c). Consider stipulating to a confidentiality order early in the case to facilitate the exchange of sensitive information.

IX. SOURCES AND REFERENCES

• Me. R. Civ. P. 33 — Interrogatories to Parties (https://www.courts.maine.gov/rules/text/MRCivPPlus/RULE%2033.pdf)
• Me. R. Civ. P. 26 — General Provisions Governing Discovery
• Me. R. Civ. P. 26(b)(4) — Expert Discovery
• Me. R. Civ. P. 26(b)(5) — Privilege Log Requirements
• Me. R. Civ. P. 26(c) — Protective Orders
• Me. R. Civ. P. 26(e) — Supplementation of Responses
• Me. R. Civ. P. 29 — Stipulations Regarding Discovery Procedure
• Me. R. Civ. P. 34 — Production of Documents and Things
• Me. R. Civ. P. 37 — Failure to Make Discovery; Sanctions
• Me. R. Civ. P. 5(b) — Service of Pleadings and Other Papers
• Me. R. Civ. P. 6(a), 6(d) — Computation of Time; Additional Time After Service
• Maine Judicial Branch — Rules of Civil Procedure (https://www.courts.maine.gov/rules/rules-civil.html)

This template is designed for use in Maine Superior Court civil actions. Practitioners should verify all rule citations against the current version of the Maine Rules of Civil Procedure before filing. Local court rules and individual judge preferences may impose additional requirements. Always consult with a qualified Maine attorney before using this template in a legal proceeding.