Minnesota State Court Discovery Interrogatories

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

STATE OF MINNESOTA — DISTRICT COURT

STATE OF MINNESOTA
DISTRICT COURT
[____] JUDICIAL DISTRICT
COUNTY OF [________________________________]

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

Pursuant to Minn. R. Civ. P. 26 and 33

Attorney Information

INTRODUCTORY STATEMENT

Plaintiff, [________________________________], by and through undersigned counsel, pursuant to Minnesota Rules of Civil Procedure 26 and 33, propounds the following Interrogatories upon Defendant, [________________________________], to be answered separately, fully, in writing, and under oath.

Response Deadline: Pursuant to Minn. R. Civ. P. 33.01, Defendant must serve written answers and any objections within thirty (30) days after service of these Interrogatories. If Defendant was served with the Summons and Complaint contemporaneously, Defendant has forty-five (45) days after service of the Summons and Complaint to serve answers.

Interrogatory Limit: Under Minn. R. Civ. P. 33.01, each party may serve upon any other party no more than fifty (50) interrogatories, including all discrete subparts, without leave of court or written stipulation. Leave to serve additional interrogatories shall be granted to the extent consistent with the principles of Minn. R. Civ. P. 26.02(a).

Continuing Duty to Supplement: Pursuant to Minn. R. Civ. P. 26.05, these Interrogatories are deemed continuing in nature. Defendant has a duty to seasonably supplement or correct prior responses, including information regarding the identity and location of persons having knowledge of discoverable matters, the identity of each person expected to be called as an expert witness, and any response that was incorrect when made or that, though correct when made, is no longer true.

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 by any means, 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 conveying information.

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 Minn. R. Civ. P. 34. 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, principal place of business address, and the name and contact information of a knowledgeable representative.

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, occurring on or about [__/__/____] at or near [________________________________].

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, predecessors, successors, subsidiaries, affiliates, 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 in writing under oath. Restate each Interrogatory in full immediately before the corresponding answer. When the answer is not solely within Your personal knowledge, state the name of any person possessing such knowledge and the source of the information.

2. Oath Requirement. Pursuant to Minn. R. Civ. P. 33.01, all answers must be made under oath and signed by the party to whom the Interrogatories are directed, or, if the party is a corporation or other legal entity, by an authorized officer or agent. Answers signed only by counsel are insufficient.

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; and (b) provide a privilege log compliant with Minn. R. Civ. P. 26.02(d), identifying the nature of the documents, communications, or tangible things withheld, sufficient to enable Plaintiff and the Court to assess the applicability of the privilege.

4. Supplementation Duty. These Interrogatories are continuing in nature pursuant to Minn. R. Civ. P. 26.05. Defendant must promptly serve supplemental answers if additional responsive information becomes known.

5. Objections. State any objection with specificity, tied to the particular Interrogatory. General objections not tied to a specific Interrogatory are disfavored under Minnesota practice. If an objection is asserted as to part of an Interrogatory, answer the remainder to the extent not objectionable.

6. Construction. The rules of construction set forth in Minn. R. Civ. P. 26 through 37 and the Minnesota General Rules of Practice apply. The singular includes the plural and vice versa. "And" and "or" are used in the conjunctive and disjunctive to be inclusive.

7. Time Period. Unless otherwise stated, these Interrogatories seek information from the earliest relevant date through the present.

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, registered agent information, and the names and titles of all current officers, directors, members, or managing partners.

INTERROGATORY NO. 2: Persons Providing Answers

Identify all individuals who participated in preparing the answers to these Interrogatories and state their role in the underlying Incident or in this Action, and the specific Interrogatories for which they provided information.

INTERROGATORY NO. 3: Incident Description

Describe in complete detail Your version of how the Incident occurred, including:

• (a) The date, time, and location;
• (b) The sequence of events;
• (c) All participants and their roles;
• (d) All conditions or circumstances You contend contributed to the Incident;
• (e) All Documents that support Your description.

INTERROGATORY NO. 4: Factual Basis for Defenses

State in detail the complete factual basis for each affirmative defense 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. 5: Witnesses — Fact

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) The subject matter of the person's expected testimony;
• (d) Whether a written or recorded statement has been obtained from that person.

INTERROGATORY NO. 6: Documents and ESI

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

• (a) A description of each category;
• (b) The date or date range;
• (c) The custodian and location;
• (d) Whether the material is in electronic or physical form.

INTERROGATORY NO. 7: Expert Witnesses

Identify every expert You expect to call at trial, and for each expert provide:

• (a) The expert's full name, business address, and professional credentials;
• (b) The subject matter of anticipated testimony;
• (c) The substance of the facts and opinions to which the expert is expected to testify;
• (d) The bases and reasons for each opinion;
• (e) All publications authored by the expert in the preceding ten (10) years;
• (f) The expert's fee schedule for review, preparation, and testimony.

INTERROGATORY NO. 8: Damages

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

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

INTERROGATORY NO. 9: 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 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 limits;
• (e) Whether coverage has been accepted, denied, or reserved;
• (f) Any applicable deductible or self-insured retention.

INTERROGATORY NO. 10: Prior Claims and Lawsuits

Identify any prior claims, lawsuits, or administrative proceedings involving allegations similar to those in this Action in which You have been a party within the past ten (10) years. For each, state:

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

INTERROGATORY NO. 11: Communications About the Incident

Identify and describe all Communications You had with any person regarding the Incident, including:

• (a) The date of the Communication;
• (b) The identity of all participants;
• (c) The method of Communication;
• (d) The substance of the Communication;
• (e) Whether the Communication was recorded or memorialized.

INTERROGATORY NO. 12: 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. 13: 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;
• (c) The dates of missed work attributable to the Incident;
• (d) The total amount of wages or income allegedly lost;
• (e) Whether Plaintiff received disability, workers' compensation, or similar benefits.

INTERROGATORY NO. 14: Comparative Fault

If You contend that Plaintiff was comparatively negligent or otherwise at fault for the Incident under Minnesota's comparative fault statute (Minn. Stat. Section 604.01), 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;
• (d) All Documents supporting Your contention;
• (e) The percentage of fault You attribute to Plaintiff.

INTERROGATORY NO. 15: Third-Party Liability

If You contend that any third party is wholly or partially responsible for the Incident or Plaintiff's 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;
• (d) All Documents supporting the contention.

INTERROGATORY NO. 16: Corrective Actions

Describe any remedial or corrective actions taken by You or on Your behalf as a result of the Incident, including:

• (a) The nature of the action taken;
• (b) The date the action was taken;
• (c) The person who authorized or implemented the action;
• (d) All Documents relating to the corrective action.

INTERROGATORY NO. 17: Investigations

Describe any investigations conducted by You or on Your behalf relating to the Incident, including:

• (a) The identity of each investigator;
• (b) The dates and scope of the investigation;
• (c) A summary of the findings;
• (d) All reports or Documents generated.

INTERROGATORY NO. 18: Preservation of Evidence

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

• (a) The date any litigation hold notice was issued;
• (b) The persons to whom the hold was directed;
• (c) Any Documents or ESI lost, destroyed, or rendered inaccessible after the duty to preserve arose.

INTERROGATORY NO. 19: Contentions

Identify and describe every legal or factual contention upon which You rely to oppose the relief sought by Plaintiff, including:

• (a) The specific contention;
• (b) All facts supporting the contention;
• (c) The identity of each person with knowledge;
• (d) All Documents supporting the contention.

CASE-SPECIFIC INTERROGATORIES

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

INTERROGATORY NO. 21:
[________________________________]
[________________________________]
[________________________________]

INTERROGATORY NO. 22:
[________________________________]
[________________________________]
[________________________________]

INTERROGATORY NO. 23:
[________________________________]
[________________________________]
[________________________________]

Note: Under Minn. R. Civ. P. 33.01, the total number of interrogatories, including all discrete subparts, may not exceed fifty (50) per party without leave of court or written stipulation. Each discrete subpart counts as a separate interrogatory. Carefully count all subparts when drafting additional interrogatories.

VERIFICATION

STATE OF MINNESOTA
COUNTY OF [________________________________]

I, [________________________________], declare under penalty of perjury 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 correct to the best of my knowledge, information, and belief.

Signature: [________________________________]

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date: [__/__/____]

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

Signature: [________________________________]

Notary Public, State of Minnesota

My Commission Expires: [__/__/____]

[Notary Stamp/Seal]

CERTIFICATE OF SERVICE

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

☐ Minnesota e-Filing and e-Service system (eFS)
☐ Electronic mail (email)
☐ U.S. Mail, postage prepaid
☐ Hand delivery
☐ Overnight courier service
☐ Other: [________________________________]

Served upon:

Signature: [________________________________]

[________________________________], #[________________________________]
Attorney for Plaintiff
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (Phone) | [________________________________] (Email)

PRACTICE NOTES

Minnesota-Specific Discovery Rules

1. Interrogatory Limit. Minn. R. Civ. P. 33.01 limits each party to 50 interrogatories, including all discrete subparts, served upon any other party without leave of court or written stipulation. This limit has been in place since the 1975 amendments to the Minnesota Rules of Civil Procedure and remains more generous than the federal 25-interrogatory limit. Each discrete subpart counts as a separate interrogatory.

2. Response Deadline. Answers must be served within 30 days after service of the interrogatories. A defendant first served with the summons and complaint has 45 days to respond. Minn. R. Civ. P. 33.01.

3. Objection Procedures. Objections must be stated with specificity and tied to particular interrogatories. General objections not connected to a specific interrogatory are disfavored. The answering party must state the grounds for objection and answer to the extent not objectionable.

4. Motion to Compel. Under Minn. R. Civ. P. 37.01, if a party fails to answer an interrogatory, the propounding party may move for an order compelling answers. Minnesota General Rules of Practice may require a meet-and-confer certification before filing the motion.

5. Sanctions. Minn. R. Civ. P. 37.02 authorizes sanctions for failure to comply with a discovery order, including:

• ☐ Establishing designated facts as admitted
• ☐ Refusing to allow the disobedient party to support or oppose claims or defenses
• ☐ Striking pleadings in whole or in part
• ☐ Staying proceedings until compliance
• ☐ Dismissing the action or rendering default judgment
• ☐ Contempt of court
• ☐ Award of reasonable expenses, including attorney's fees

6. Contention Interrogatories. An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact. The court may order that such interrogatories need not be answered until after designated discovery is complete.

7. Privilege Log. A privilege log that satisfies Minn. R. Civ. P. 26.02(d) must be produced when privilege is asserted. Failure to provide an adequate privilege log may result in waiver of the privilege.

8. E-Filing and E-Service. Minnesota uses the eFS (e-Filing and e-Service) system for many district court filings. Confirm whether the applicable judicial district requires e-filing and e-service. Service method must comply with Minn. R. Civ. P. 5.

9. Protective Orders. If confidential or proprietary information is anticipated, consider whether a protective order is needed before serving discovery. Minn. R. Civ. P. 26.03 provides for protective orders upon a showing of good cause.

SOURCES AND REFERENCES

• Minnesota Rules of Civil Procedure, Rule 33: https://www.revisor.mn.gov/court_rules/cp/id/33/
• Minnesota Rules of Civil Procedure, Table of Contents: https://www.revisor.mn.gov/court_rules/rule/cp-toh/
• Minnesota General Rules of Practice: https://www.revisor.mn.gov/court_rules/rule/gp-toh/
• Minnesota Judicial Branch — Self-Help Center, Discovery: https://mncourts.libguides.com/represent-yourself/discovery
• Minnesota State Bar Association: https://www.mnbar.org/
• Minn. Stat. Section 604.01 — Comparative Fault: https://www.revisor.mn.gov/statutes/cite/604.01