STATE OF MAINE

[__] COURT

[__] County

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

Docket No. [__]

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT

[// GUIDANCE: Insert the correct court (e.g., “Superior Court”), county, and docket number as reflected on the civil action cover sheet or subsequent case assignment.]

I. INTRODUCTION & GOVERNING AUTHORITY

Plaintiff, by and through undersigned counsel and pursuant to Maine Rule of Civil Procedure 33, hereby propounds the following Interrogatories to Defendant. These Interrogatories must be answered fully, separately, and under oath within 30 days after service (or 45 days if served contemporaneously with the Summons and Complaint) unless the parties stipulate otherwise or the Court orders a different deadline. See Me. R. Civ. P. 33(a) & 29.

Failure to respond, or to respond adequately, may result in sanctions under Me. R. Civ. P. 37, including but not limited to an order compelling answers, an award of reasonable expenses and attorney fees, or such other relief as the Court deems just.

II. DEFINITIONS

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

1. “Action” means the above-captioned civil action and any related claims, counterclaims, cross-claims, or third-party claims.
2. “Communication” means every manner of transmitting or receiving information, including oral, written, electronic, or graphic statements or utterances of any kind.
3. “Document” or “Documents” is defined as in Me. R. Civ. P. 34(a) and includes, without limitation, electronically stored information (“ESI”) of every type.
4. “Identify” or “Identification” when used with reference to:
   (a) a person—state the person’s full name, present or last-known address, telephone number, and relationship to any party;
   (b) a document—state the title, date, author(s), recipient(s), subject matter, and Bates number(s) or other identifying mark(s), and indicate its present custodian or location;
   (c) a communication—state the date, parties, mode (e.g., email, phone), and substance.
5. “You,” “Your,” or “Defendant” means the named Defendant(s) in this Action, together with all present and former agents, employees, officers, directors, attorneys, and any other Person acting or purporting to act on its behalf.
6. “Person” means any natural person, firm, corporation, partnership, unincorporated association, governmental entity, or other legal entity.
7. “Concerning,” “Relating to,” or “Regarding” means referring to, describing, evidencing, constituting, reflecting, or in any way logically or factually connected with the matter discussed.

[// GUIDANCE: Supplement, narrow, or broaden definitions to suit the substantive claims and anticipated objections.]

III. GENERAL INSTRUCTIONS

1. Duty to Supplement: These Interrogatories are deemed continuing. If You obtain additional responsive information between the time of answering and trial, promptly serve supplemental answers as required by Me. R. Civ. P. 26(e).
2. Scope & Objections: Answer each Interrogatory in full, based on all information in Your possession, custody, or control, including information held by Your attorneys, agents, or representatives. If You object, state with specificity the legal basis for each objection and respond to any unobjectionable portion. Boilerplate or blanket objections that do not set forth the specific grounds are improper.
3. Privilege & Work-Product:
   a. If You withhold information based on any claim of privilege or work-product protection, expressly state the claim and furnish 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.
   b. Responsive information not subject to the asserted privilege must still be provided.
4. Interpretation:
   a. Construe the words “and” as well as “or” in the inclusive sense (“and/or”).
   b. Use the singular to include the plural and vice versa.
   c. Give words their broadest reasonable meaning consistent with ordinary usage and the Rules of Civil Procedure.
5. Computation of Time: Compute deadlines in accordance with Me. R. Civ. P. 6(a).

IV. INTERROGATORIES

[// GUIDANCE: Tailor the numbered interrogatories (subparts included) to the substantive claims. Maine imposes no categorical numeric limit, but practitioners should avoid oppressive volume. Thirty or fewer discrete interrogatories—including subparts—are customary and defensible.]

1. Identify every Person who prepared, reviewed, or supplied information for Your answers to these Interrogatories, and for each, describe the specific Interrogatory(ies) to which the Person contributed.

2. State in detail the factual basis for each affirmative defense asserted in Your Answer, including all facts, Documents, and Persons upon which You rely.

3. Describe all Communications between You and Plaintiff (or any agent of Plaintiff) Relating to the subject matter of the Complaint, stating the date, participants, and substance of each Communication.

4. Identify every Document that You contend supports Your denial of any allegation in the Complaint, and state the specific allegation(s) each Document addresses.

5. Describe the policies, procedures, or guidelines in effect during the Relevant Period that govern [specific conduct at issue], and identify all Persons responsible for implementing or enforcing each such policy.

6. If You assert that any damages alleged by Plaintiff are excessive, speculative, or otherwise improper, state all facts and identify all Documents supporting that contention.

7. State all facts upon which You base Your contention that Plaintiff failed to mitigate damages, including the identity of each Person with knowledge of such facts and all supporting Documents.

8. Identify all insurance policies (whether primary, excess, umbrella, or reinsurance) that may satisfy all or part of a judgment in this Action, stating for each:
   a. Insurer name and address;
   b. Policy number;
   c. Effective dates;
   d. Limits of liability;
   e. Applicable endorsements;
   f. Reservation of rights positions, if any.

9. Describe with specificity each category of damages or other relief You seek in any counterclaim or cross-claim, including the method of computation and all Documents used in that computation.

10. Identify all expert witnesses You expect to call at trial, and for each, provide the information required by Me. R. Civ. P. 26(b)(4)(A)(i)–(iii).

11. State whether You have destroyed, lost, or otherwise disposed of any Documents Concerning this Action at any time after You first anticipated litigation, and if so, identify:
    a. The type of Document;
    b. The date range covered;
    c. The circumstances of destruction or loss;
    d. The Person(s) responsible.

12. If You contend that any claim asserted by Plaintiff is barred by the statute of limitations or any other time-based bar, identify each statute or rule relied upon and state all facts supporting its applicability.

13. Identify all Persons (other than retained experts) who possess knowledge of relevant facts, and for each provide a summary of the knowledge You believe the Person possesses.

14. Describe any settlement negotiations previously conducted with Plaintiff Relating to the matters alleged in the Complaint, identifying the date, participants, and general nature of each negotiation.

15. State whether You contend that any third party is wholly or partially responsible for the damages alleged by Plaintiff, and if so, identify the third party and state the factual and legal basis for such contention.

[// GUIDANCE: Delete, add, or revise interrogatories 16–30 as appropriate. Maintain consecutive numbering.]

16. …
17. …
18. …
    —
19. …

V. VERIFICATION

text
STATE OF _ )
) ss.
COUNTY OF _ )

I, _______, hereby depose and state under oath that I am duly authorized to make these answers on behalf of Defendant; 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.

[Printed Name & Title]
Defendant

Subscribed and sworn to before me this _ day of _, 20___.

Notary Public / Attorney at Law
My Commission Expires: ____
[// GUIDANCE: Maine requires answers to interrogatories to be signed under oath by the party—not merely counsel. See Me. R. Civ. P. 33(a).]

VI. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of _, 20, I served the foregoing Plaintiff’s First Set of Interrogatories to Defendant by [method of service authorized under Me. R. Civ. P. 5(b)] upon:

[Name & address of opposing counsel]

[Attorney Name], Esq.
Counsel for Plaintiff
[Law Firm]
[Address]
[Phone] | [Email] | Bar No. [_]

PRACTITIONER NOTES

[// GUIDANCE: The following internal comments do not appear in the served document.]

1. Discovery Limits – Maine’s Rules do not impose a hard numeric cap on interrogatories, but many judges informally expect parity with the federal 25-interrogatory limit (including subparts). Keep the set concise or obtain leave of court if expansive discovery is required.
2. Response Deadlines – 30 days from service; 45 days if served with the complaint. Add calendar reminders and track service method because additional days may apply (mail, electronic means) per Me. R. Civ. P. 6(d).
3. Privilege Rules – Ensure the propounding party requests a privilege log. The responding party must comply with Rule 26(b)(5) or risk waiver.
4. ESI Considerations – Maine has adopted the 2014 e-discovery amendments. Consider issuing an early preservation letter and negotiating an ESI protocol to reduce motion practice.
5. Motion Practice – If answers are incomplete or evasive, move to compel under Rule 37(a) promptly to avoid arguments of waiver or acquiescence.
6. Protective Orders – For trade secrets or sensitive data, parties may stipulate to a confidentiality order under Rule 26(c).

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