State Court Discovery - Interrogatories - Missouri

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI

Case No.: [________________]
Division: [________________]

[PROPOUNDING PARTY]’S [FIRST] SET OF INTERROGATORIES TO [RESPONDING PARTY]

TABLE OF CONTENTS

1. Preliminary Statement & Authority
2. Definitions
3. General Instructions
4. Interrogatories
5. Signature and Certificate of Service

1. PRELIMINARY STATEMENT & AUTHORITY

Pursuant to Missouri Supreme Court Rule 57.01, [PROPOUNDING PARTY] serves these interrogatories on [RESPONDING PARTY]. Responses ordinarily must be served within 30 days after service. A defendant is not required to respond before 45 days after the earlier of the defendant’s appearance or service of process. The court may allow a shorter or longer time. Mo. Sup. Ct. R. 57.01(c)(1).

Unless the parties stipulate otherwise, the court orders otherwise, or an approved local rule applies under Rule 56.01(b)(8), this set may contain no more than 25 interrogatories, including all discrete subparts. Mo. Sup. Ct. R. 57.01(a). Count every discrete subpart after final editing and delete any question that is not relevant and proportional to the needs of this case.

2. DEFINITIONS

For purposes of these Interrogatories, the following definitions apply:

A. “You,” “Your,” or “Responding Party” means [RESPONDING PARTY NAME]. If the Responding Party is an entity, the responses must be made through an officer or agent and must furnish information available to the party. Mo. Sup. Ct. R. 57.01(c). This definition does not enlarge the scope of discovery or require disclosure of privileged matter.

B. “Document” and “Documents” include writings, electronically stored information (“ESI”), photographs, recordings, and tangible things within the scope of Mo. Sup. Ct. R. 56.01(b)(1).

C. “Communication” means any transmission of information, whether oral, written, electronic, or otherwise.

D. “Identify” when referring to a person means to provide the person’s full name, last known address, telephone number, employer, and job title. When referring to a document, “identify” means to provide (i) the type of document, (ii) its date, (iii) author(s) and recipient(s), (iv) general subject matter, and (v) present custodian or location.

E. “Incident” refers to the event or events giving rise to the claims or defenses in this Action, as further described in the pleadings.

F. “Action” means the above-captioned lawsuit.

3. GENERAL INSTRUCTIONS

1. Response Form
   Quote each interrogatory, including its original paragraph number, and immediately below it state the answer or every reason for not completely answering. Answers must be signed under oath by the person making them; objections must be signed by the attorney making them or by the self-represented party. Mo. Sup. Ct. R. 57.01(c)(2), (5).

2. Duty to Amend
   Seasonably amend a response if You learn that it is materially incomplete or incorrect and the additional or corrective information has not otherwise been made known during discovery or in writing. Mo. Sup. Ct. R. 56.01(e).

3. Objections
   If information is withheld because of an objection, state each reason for the objection. If an interrogatory is not completely answered, identify all reasons for the incomplete answer. Mo. Sup. Ct. R. 57.01(c)(2)-(3).

4. Privilege and Work Product
   If privilege or the work-product doctrine is asserted, state information that permits others to assess the asserted protection without revealing the protected information. Mo. Sup. Ct. R. 57.01(c)(2)-(3).

5. Scope and ESI
   These interrogatories seek only nonprivileged matter within Rule 56.01(b)(1)’s relevance and proportionality limits. Rule 56.01(b)(3) separately addresses ESI sources identified as not reasonably accessible because of undue burden or cost.

6. Option to Produce Business Records
   If Rule 57.01(c)(4) applies, specify the records from which the answer may be derived or ascertained and afford the requesting party a reasonable opportunity to examine, audit, or inspect the records and make copies, compilations, abstracts, or summaries.

7. Time Period
   Unless otherwise specified, each Interrogatory seeks information from the earliest date relevant to the Action through the present.

4. INTERROGATORIES

INTERROGATORY NO. 1

Identify all persons who assisted in preparing the answers to these Interrogatories and state the subject matter of information each such person provided.

INTERROGATORY NO. 2

State with particularity every fact upon which You base each affirmative defense asserted in Your latest responsive pleading.

INTERROGATORY NO. 3

Describe in detail the nature of the Incident, including the date, time, location, events leading up to it, and events immediately following it.

INTERROGATORY NO. 4

Identify each person known to You who has information concerning [SPECIFIC CLAIM, DEFENSE, EVENT, OR DISPUTED FACT], and state the subject of that information.

INTERROGATORY NO. 5

State the total amount of damages You contend Plaintiff is entitled to recover, if any, and describe the factual basis and calculations supporting Your contention.

INTERROGATORY NO. 6

Identify the Documents on which You rely to support [SPECIFIC CLAIM OR DEFENSE], including Bates numbers if already produced or other information sufficient to locate each Document.

INTERROGATORY NO. 7

Identify each insurance agreement under which a person carrying on an insurance business may be liable to satisfy part or all of a judgment in this Action or to indemnify or reimburse payments made to satisfy the judgment, including the insurer, policy number, named insured, policy period, and applicable limits. See Mo. Sup. Ct. R. 56.01(b)(4).

INTERROGATORY NO. 8

Identify each communication between You and [IDENTIFIED PERSON OR DEFINED GROUP] concerning [SPECIFIC EVENT OR ISSUE] during [RELEVANT PERIOD], including the date, participants, method, and general subject.

INTERROGATORY NO. 9

If You contend that any person other than Plaintiff or Defendant caused or contributed to the damages alleged, identify each such person and state the factual and legal basis for Your contention.

INTERROGATORY NO. 10

For each retained expert witness You expect to call at trial, state the expert’s name, address, occupation, place of employment, qualifications to give an opinion (or attach the expert’s curriculum vitae), the general nature of the subject matter on which the expert is expected to testify, and the expert’s hourly deposition fee. For each non-retained expert witness You expect to call at trial, state the expert’s name, address, and field of expertise. Mo. Sup. Ct. R. 56.01(b)(6)-(7).

INTERROGATORY NO. 11

Identify all safety policies, procedures, manuals, or guidelines in effect at the time of the Incident that relate to the conduct alleged, and describe any deviations from such policies.

INTERROGATORY NO. 12

Set forth the substance of any statements made by Plaintiff that You claim constitute admissions against interest, including the date, place, and persons present.

INTERROGATORY NO. 13

Identify all photographs, videos, diagrams, or other visual depictions of the Incident scene, and state who created each item, on what date, and its current location.

INTERROGATORY NO. 14

Provide the name, address, and job title of every employee, agent, or contractor present at the scene of the Incident on the date in question and describe each person’s role.

INTERROGATORY NO. 15

Describe [DEFINED POST-INCIDENT CHANGE OR CONDITION] that is within the authorized scope of discovery in this Action and, for each responsive matter, identify the date, persons involved, and related Documents.

[Delete inapplicable questions and add only case-specific questions that satisfy Rule 56.01(b). Do not exceed the Rule 57.01(a) limit after counting discrete subparts unless a stipulation, court order, or approved local rule permits otherwise.]

5. SIGNATURE AND CERTIFICATE OF SERVICE

Respectfully submitted,

_________________________________________

[ATTORNEY NAME], Mo. Bar No. [________]

[LAW FIRM]

[ADDRESS]

[PHONE] | [EMAIL]

Attorney for [PROPOUNDING PARTY]

Certificate of Service

I certify that on [DATE], I served the foregoing [PROPOUNDING PARTY]’s [FIRST] Set of Interrogatories to [RESPONDING PARTY] on all parties not in default by [AUTHORIZED METHOD], addressed as follows:

[NAME, COUNSEL OR PARTY, SERVICE ADDRESS, AND EMAIL IF USED]

The party required to respond is [RESPONDING PARTY]. This is set number [FIRST / NUMBER] directed to that party. An electronic copy in [DOCX / OTHER COMMONLY READABLE WORD-PROCESSING FORMAT] was transmitted by [EMAIL ATTACHMENT / OTHER MEDIUM] to the responding party. See Mo. Sup. Ct. R. 57.01(b)(3).

_________________________________________

[SERVING ATTORNEY OR PARTY]

PRE-SERVICE CHECKLIST

☐ Caption, parties, case number, division, recipient, and set number match the pending action.

☐ Every interrogatory is tied to a relevant matter and is proportional to the needs of the case; the requesting party’s burden to establish relevance has been considered. Mo. Sup. Ct. R. 56.01(b)(1).

☐ The final set contains no more than 25 interrogatories, including every discrete subpart, unless a stipulation, court order, or approved local rule authorizes otherwise. Mo. Sup. Ct. R. 57.01(a).

☐ Expert questions request only the information authorized by Rule 56.01(b)(6)-(7); anticipated facts and opinions of a retained expert are ordinarily obtained by deposition under Rule 56.01(b)(6)(B).

☐ Copies will be served on all parties not in default, and each answering party will receive an electronic copy in a commonly readable word-processing format. Mo. Sup. Ct. R. 57.01(b)(3).

☐ The certificate identifies the responding party, set number, electronic-copy format, and transmission medium, in addition to the ordinary service information. Mo. Sup. Ct. R. 57.01(b)(3), (d).

☐ At service, the certificate of service—not the interrogatories—will be filed with the court. Interrogatories are filed only by court order or with a motion placing them in issue. Mo. Sup. Ct. R. 57.01(b)(3), (d).

☐ The response date has been calculated from Rule 57.01(c)(1), any court order, stipulation, and the actual service method.

Response-paper distinction: Rule 57.01(c)(5) requires the responding party’s answers to be signed under oath. That response execution belongs with the answers and is not part of this propounding paper.

OFFICIAL SOURCES

• Missouri Supreme Court Rule 57.01, Interrogatories to Parties: https://www.courts.mo.gov/page.jsp?id=199670
• Missouri Supreme Court Rule 56.01, General Provision Governing Discovery: https://www.courts.mo.gov/page.jsp?id=199668

Missouri counsel must tailor this form to the pleadings, orders, approved local discovery, confidentiality requirements, and facts of the pending action before service.