Michigan State Court Discovery Interrogatories

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

STATE OF MICHIGAN — CIRCUIT COURT

STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

Attorney Information

INTRODUCTORY STATEMENT

Plaintiff, [________________________________], by and through undersigned counsel, pursuant to Michigan Court Rule 2.309 (Interrogatories to Parties) and MCR 2.302 (General Rules Governing Discovery), propounds the following Interrogatories upon Defendant, [________________________________], to be answered separately, fully, in writing, and under oath.

Response Deadline: Pursuant to MCR 2.309(B)(4), Defendant must serve written answers and any objections within twenty-eight (28) days after service of these Interrogatories, unless the Court orders otherwise or the parties stipulate to an extension.

Interrogatory Limit: Under MCR 2.309(A)(2), each separately represented party is limited to twenty (20) interrogatories, including all discrete subparts, directed to any single party. A discrete subpart of an interrogatory counts as a separate interrogatory. Additional interrogatories may be served only upon written stipulation of the parties or leave of court.

Continuing Duty to Supplement: Pursuant to MCR 2.302(E), these Interrogatories are deemed continuing in nature. Defendant has a duty to seasonably supplement or correct prior responses if Defendant obtains information upon the basis of which Defendant knows that the response was incorrect when made, or knows that the response, though correct when made, is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment.

DEFINITIONS

For purposes of these Interrogatories, the following definitions shall apply:

1. "Action" means the above-captioned lawsuit, including all claims, counterclaims, cross-claims, and third-party claims asserted in the pleadings.

2. "Communication" means any transmission or exchange of information, whether oral, written, or electronic, including but not limited to conversations, telephone calls, emails, text messages, letters, memoranda, facsimiles, social media messages, video conferences, and any other form of information exchange.

3. "Document" means any written, printed, typed, recorded, or graphic matter of any kind, however produced or reproduced, including electronically stored information ("ESI"), as broadly defined under MCR 2.302(B) and MCR 2.310. This includes but is not limited to contracts, agreements, correspondence, memoranda, reports, studies, notes, recordings, photographs, videos, databases, spreadsheets, metadata, and any other tangible or electronic material.

4. "Describe" means to provide a detailed narrative account including all relevant facts, circumstances, dates, times, locations, and persons involved.

5. "Identify" (when referring to a natural person) means to state the person's full legal name, present or last-known residential address, present or last-known telephone number, present or last-known email address, present or last-known employer and job title, and relationship to any party in this Action.

6. "Identify" (when referring to an entity) means to state the entity's full legal name, type of entity (corporation, LLC, partnership, etc.), state of formation or incorporation, principal place of business address, and the name and contact information of its designated representative or registered agent.

7. "Incident" means the transaction, occurrence, event, or series of events giving rise to the claims and defenses in this Action, as described in the pleadings.

8. "Occurrence" has the same meaning as "Incident" and the terms are used interchangeably.

9. "You," "Your," or "Defendant" means [________________________________], including all present and former officers, directors, members, managers, partners, employees, agents, representatives, attorneys, insurers, subsidiaries, affiliates, predecessors, successors, and all other persons acting or purporting to act on Defendant's behalf.

10. "Person" means any natural individual, corporation, limited liability company, partnership, association, joint venture, trust, estate, governmental entity, or any other legal or commercial entity.

11. "Relate," "Relating to," or "Concerning" means directly or indirectly referring to, describing, evidencing, constituting, mentioning, summarizing, reflecting, or having any logical connection whatsoever with the subject matter referenced.

INSTRUCTIONS

1. Separate Answers Required. Each Interrogatory must be answered separately and fully. Restate each Interrogatory in full immediately before the corresponding answer. Pursuant to MCR 2.309(B), each answer must include such information as is available to the party served, including information obtainable from employees, agents, representatives, sureties, and indemnitors.

2. Oath Requirement. All answers must be made under oath and signed by the party answering, not merely by counsel. MCR 2.309(B)(1) requires that each interrogatory be answered separately and fully in writing under oath.

3. Privilege Log. If any information is withheld based on a claim of attorney-client privilege, work-product protection, or any other privilege or immunity, Defendant must: (a) expressly state that information is being withheld; (b) identify the nature of the privilege or protection claimed; and (c) provide a privilege log compliant with MCR 2.302(B)(6) that describes the nature of the documents, communications, or tangible things not produced in a manner sufficient to enable Plaintiff to assess the claim of privilege, including the date, author, recipients, subject matter, and basis for the privilege claim.

4. Supplementation Duty. These Interrogatories are continuing in nature pursuant to MCR 2.302(E). Defendant must seasonably supplement or correct any response that was incorrect when made or that, though correct when made, is no longer true.

5. Objections. If Defendant objects to any Interrogatory, state the specific grounds for the objection with particularity. Boilerplate or generalized objections without specific factual support are disfavored under Michigan practice. If an objection is asserted as to part of an Interrogatory, answer the remainder to the extent not objectionable.

6. Business Records Option. Pursuant to MCR 2.309(B)(3), if the answer to an interrogatory may be derived from business records and the burden of deriving the answer is substantially the same for the party serving the interrogatory as for the party served, Defendant may specify the records from which the answer may be derived and afford Plaintiff reasonable opportunity to examine and copy such records.

GENERAL INTERROGATORIES

INTERROGATORY NO. 1: Party Identification

State Your full legal name, all former names or aliases, date of birth, current residential address, current mailing address (if different), all telephone numbers, all email addresses, Social Security Number (last four digits only), and driver's license number and state of issuance.

If Defendant is an entity, state the full legal name, type of entity, state of formation, date of formation, principal place of business address, all registered agent information, and the names and titles of all current officers, directors, members, or managing partners.

INTERROGATORY NO. 2: Factual Basis for Defenses

State in detail the complete factual basis for each affirmative defense, defense, or avoidance asserted in Your Answer or any amended pleading, including:

• (a) All facts supporting each defense;
• (b) The identity of each person with knowledge of facts supporting each defense;
• (c) The identity of each Document supporting each defense.

INTERROGATORY NO. 3: Witnesses

Identify every person known to You who witnessed, was present during, or has knowledge of any facts relating to the Incident or to any claim or defense in this Action. For each such person, state:

• (a) The person's full name and contact information;
• (b) A summary of the facts known to that person;
• (c) Whether a written or recorded statement has been obtained from that person, and if so, the date and custodian of the statement.

INTERROGATORY NO. 4: Documents

Identify each Document or category of Documents in Your possession, custody, or control that relates to any claim or defense in this Action, including:

• (a) A description of the Document or category;
• (b) The date or date range of the Document;
• (c) The author or creator;
• (d) The current custodian and location;
• (e) Whether the Document is in electronic or physical form.

INTERROGATORY NO. 5: Expert Witnesses

Identify each expert witness You have retained, specially employed, or expect to call at trial in this Action, and for each such expert provide:

• (a) The expert's full name, business address, and professional credentials;
• (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;
• (e) All reports prepared by the expert, as required by MCR 2.302(B)(4)(a)(i)-(iii).

INTERROGATORY NO. 6: Damages

Itemize and describe all damages, losses, or injuries You contend Plaintiff has or has not suffered as a result of the Incident, including for each category of damage:

• (a) The nature of the damage;
• (b) The amount claimed or denied;
• (c) The method of calculation;
• (d) All Documents supporting or contradicting the claimed amount;
• (e) The identity of each person with knowledge of the damages calculation.

INTERROGATORY NO. 7: Insurance

Identify every insurance agreement or policy under which any person carrying on an insurance business may be liable to satisfy part or all of any potential judgment in this Action, or to indemnify or reimburse for payments made to satisfy any judgment. For each policy, state:

• (a) The name and address of the insurer;
• (b) The policy number;
• (c) The policy period;
• (d) The type and amount of coverage, including per-occurrence and aggregate limits;
• (e) Whether the insurer has accepted or denied coverage, or reserved rights;
• (f) Any applicable deductible or self-insured retention.

INTERROGATORY NO. 8: Prior Claims and Lawsuits

Identify every claim, lawsuit, administrative proceeding, or arbitration in the past ten (10) years in which You were a party and that involved allegations similar or related to those in this Action. For each, state:

• (a) The caption, case number, and court or tribunal;
• (b) The nature of the allegations;
• (c) The disposition or current status;
• (d) The amount of any judgment, settlement, or award.

INTERROGATORY NO. 9: Communications Regarding the Incident

Identify and describe all Communications between You and any other person concerning the Incident, including:

• (a) The date of the Communication;
• (b) The identity of all participants;
• (c) The method of Communication (oral, written, electronic);
• (d) The substance of the Communication;
• (e) Whether the Communication was recorded or memorialized, and if so, the custodian of the recording or document.

INTERROGATORY NO. 10: Medical Treatment (If Applicable)

If this Action involves claims for personal injury, identify every healthcare provider who has examined, treated, or consulted with Plaintiff regarding injuries allegedly arising from the Incident, including:

• (a) The provider's full name, specialty, and address;
• (b) The dates of treatment or consultation;
• (c) The nature of the treatment provided;
• (d) The diagnosis rendered;
• (e) The total charges billed and amounts paid.

INTERROGATORY NO. 11: Employment and Income (If Applicable)

If this Action involves claims for lost wages or loss of earning capacity, state:

• (a) Plaintiff's employers for the five (5) years preceding the Incident;
• (b) Plaintiff's job title, duties, and rate of compensation for each employer;
• (c) The dates of any missed work allegedly attributable to the Incident;
• (d) The total amount of wages or income allegedly lost;
• (e) Whether Plaintiff received disability, workers' compensation, or similar benefits during any period of claimed lost wages.

INTERROGATORY NO. 12: Comparative Fault

If You contend that Plaintiff was comparatively negligent or otherwise at fault for the Incident or for Plaintiff's injuries or damages, state:

• (a) Each act or omission You attribute to Plaintiff;
• (b) The time and place of each such act or omission;
• (c) The identity of each person with knowledge of Plaintiff's alleged fault;
• (d) All Documents supporting Your contention.

INTERROGATORY NO. 13: Third-Party Liability

If You contend that any third party is wholly or partially responsible for the Incident or for Plaintiff's claimed damages, identify each such third party and state:

• (a) The nature and basis of the alleged responsibility;
• (b) The facts supporting the contention;
• (c) The identity of each witness with knowledge of the third party's alleged responsibility;
• (d) All Documents supporting the contention.

INTERROGATORY NO. 14: Preservation Efforts

Describe all efforts You have made to identify, locate, and preserve Documents and electronically stored information relevant to this litigation, including:

• (a) The date any litigation hold notice was issued;
• (b) The persons to whom the litigation hold was directed;
• (c) The substance of the litigation hold instructions;
• (d) Any Documents or ESI that were lost, destroyed, or rendered inaccessible after the duty to preserve arose, and the circumstances of such loss or destruction.

INTERROGATORY NO. 15: Investigations

Describe any and all investigations conducted by You or on Your behalf relating to the Incident or to any claim or defense in this Action, including:

• (a) The identity of each investigator;
• (b) The dates of the investigation;
• (c) The scope and purpose of the investigation;
• (d) A summary of the findings;
• (e) All reports, memoranda, or other Documents generated as a result of the investigation.

INTERROGATORY NO. 16: Statements Obtained

Identify all statements, whether written, recorded, or summarized, that You or anyone acting on Your behalf has obtained from any person concerning the Incident, including:

• (a) The name of the person providing the statement;
• (b) The date the statement was obtained;
• (c) The identity of the person who obtained the statement;
• (d) The form of the statement (written, audio recording, video, etc.);
• (e) The current custodian and location of the statement.

CASE-SPECIFIC INTERROGATORIES

INTERROGATORY NO. 17:
[________________________________]
[________________________________]
[________________________________]

INTERROGATORY NO. 18:
[________________________________]
[________________________________]
[________________________________]

INTERROGATORY NO. 19:
[________________________________]
[________________________________]
[________________________________]

INTERROGATORY NO. 20:
[________________________________]
[________________________________]
[________________________________]

Note: Under MCR 2.309(A)(2), the total number of interrogatories, including all discrete subparts, may not exceed twenty (20) per party without stipulation or leave of court. Practitioners must carefully count all subparts when drafting additional interrogatories.

VERIFICATION

STATE OF MICHIGAN
COUNTY OF [________________________________]

I, [________________________________], being first duly sworn, depose and state that I am the ☐ Defendant individually / ☐ [________________________________] (title/position) of [________________________________] (Defendant entity); that I have read the foregoing Answers to Plaintiff's First Set of Interrogatories; that I know the contents thereof; and that the answers are true and complete to the best of my knowledge, information, and belief, except as to those matters stated on information and belief, and as to those matters, I believe them to be true.

Signature: [________________________________]

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date: [__/__/____]

SUBSCRIBED AND SWORN to before me this [____] day of [________________________________], 20[____].

Signature: [________________________________]

Notary Public, State of Michigan, County of [________________________________]

My Commission Expires: [__/__/____]

Acting in the County of [________________________________]

CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [________________________________], 20[____], I served the foregoing Plaintiff's First Set of Interrogatories to Defendant upon all counsel of record by the method indicated below:

☐ Michigan e-Filing System (MiFILE)
☐ Electronic mail (email)
☐ First-class U.S. Mail, postage prepaid
☐ Hand delivery
☐ Overnight courier service
☐ Other: [________________________________]

Served upon:

Signature: [________________________________]

[________________________________], P-[____]
Attorney for Plaintiff
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (Phone) | [________________________________] (Email)

PRACTICE NOTES

Michigan-Specific Discovery Rules

1. Interrogatory Limit. MCR 2.309(A)(2) limits each separately represented party to 20 interrogatories, including all discrete subparts, served on any single party. This limit took effect on January 1, 2020, replacing Michigan's prior practice of having no numerical cap. Each discrete subpart counts as a separate interrogatory. Additional interrogatories require either written stipulation or court order.

2. Response Deadline. Answers and objections must be served within 28 days after service, unless the court orders otherwise. MCR 2.309(B)(4). This is shorter than the 30-day period used in many other jurisdictions.

3. Initial Disclosures. Since January 1, 2020, Michigan requires initial disclosures under MCR 2.302(A). Parties must make initial disclosures without awaiting a discovery request within 14 days after the first scheduling conference or as otherwise directed by the court. Interrogatories should not duplicate information already required in initial disclosures.

4. Objection Procedures. Objections must be stated with specificity. Under MCR 2.309(B)(2), the grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause shown, excuses the failure.

5. Motion to Compel. Under MCR 2.313(A), if a party fails to answer an interrogatory, the propounding party may move for an order compelling answers. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the non-responding party in an effort to resolve the dispute without court action.

6. Sanctions. MCR 2.313(B) authorizes sanctions for failure to comply with a court order compelling discovery, including:

• ☐ Designating facts as established for purposes of the action
• ☐ Prohibiting the disobedient party from supporting or opposing designated claims or defenses
• ☐ Striking pleadings or parts thereof
• ☐ Staying further proceedings until the order is obeyed
• ☐ Dismissing the action or entering a default judgment
• ☐ Holding the disobedient party in contempt of court

7. Proportionality. MCR 2.302(B)(1) requires that discovery be proportional to the needs of the case, considering the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.

8. E-Filing. In counties that use the MiFILE electronic filing system, discovery documents are typically served electronically rather than filed with the court. Confirm local practice regarding whether interrogatories are filed with the court or served only on parties.

SOURCES AND REFERENCES

• Michigan Court Rules, Chapter 2 — Civil Procedure: https://www.courts.michigan.gov/rules-and-policies/court-rules/
• MCR 2.309 — Interrogatories to Parties: https://www.courts.michigan.gov/4a4e88/siteassets/publications/benchbooks/civil/civilresponsivehtml5.zip/Civil/Ch_5_Discovery/Interrogatories.htm
• MCR 2.302 — General Rules Governing Discovery
• MCR 2.313 — Failure to Provide Discovery; Sanctions
• Michigan Civil Discovery Guidebook (State Bar of Michigan): https://www.michbar.org/file/generalinfo/civildiscovery/civildiscovery_guidebook.pdf
• Summary of 2020 Amendments to Michigan Discovery Rules: https://icle.org/updates/assets/images/ICLE_MCRsChanges_Summary.pdf
• MiFILE Electronic Filing System: https://mifile.courts.michigan.gov/