State Court Discovery - Interrogatories

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI
☐ JUDICIAL CIRCUIT

[PLAINTIFF NAME], )
Plaintiff, )
)
v. ) Case No. [___]
)
[DEFENDANT NAME], )
Defendant. )

______________________________________________)

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT

TABLE OF CONTENTS

1. Preliminary Statement & Authority
2. Definitions
3. General Instructions
4. Interrogatories (Nos. 1-☐)
5. Verification
6. Certificate of Service

1. PRELIMINARY STATEMENT & AUTHORITY

Pursuant to Missouri Supreme Court Rule 57.01 and all other applicable rules, Plaintiff propounds the following Interrogatories to Defendant, to be answered separately and fully in writing and under oath within the time provided by Rule 57.01(c) (thirty (30) days after service, except forty-five (45) days after service of process and the original petition on a newly-served Defendant), unless the parties stipulate or the Court orders otherwise.

Plaintiff certifies that the total number of Interrogatories, including discrete subparts, does not exceed the numerical limit imposed by Rule 57.01(b) ([THIRTY (30)] at the time of drafting).

2. DEFINITIONS

For purposes of these Interrogatories, the following definitions apply:

A. “You,” “Your,” or “Defendant” means [DEFENDANT NAME], together with all present and former officers, directors, agents, employees, representatives, attorneys, insurers, subsidiaries, parents, affiliates, and all other persons acting or purporting to act on Defendant’s behalf.

B. “Document” and “Documents” are used in the broadest sense permissible under Mo. Sup. Ct. R. 56.01, and include, without limitation, all writings, electronically stored information (“ESI”), photographs, recordings, and tangible things in whatever form maintained.

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. Answer Fully & Separately
   Each Interrogatory must be answered separately and fully in writing and under oath. Incorporate the Interrogatory verbatim above each answer.

2. Duty to Supplement
   Consistent with Mo. Sup. Ct. R. 56.01(e), You are under a continuing duty to seasonably supplement Your responses if You obtain additional responsive information.

3. Objections
   a. State each objection with specificity.
   b. For any partially-answered Interrogatory, answer the unobjectionable portion.
   c. General or blanket objections are disfavored and may be deemed waived.

4. Privilege & Work-Product Claims
   If You withhold information based on any privilege or the work-product doctrine, expressly state the claim and provide a privilege log as required by Mo. Sup. Ct. R. 56.01(b)(5), sufficient to enable Plaintiff to assess the applicability of the asserted protection.

5. Electronically Stored Information (ESI)
   Identify any ESI systems, custodians, or data sources that You contend are not reasonably accessible because of undue burden or cost, and confer promptly with Plaintiff to resolve any ESI issues consistent with Rule 56.01(b)(3).

6. Reference to Records
   If You rely on Rule 57.01(d) (option to produce business records), identify the specific documents by Bates number or equivalent labeling and make the records available for inspection and copying at a mutually convenient time and place.

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 every witness known to You who has knowledge of any fact alleged in the pleadings, and for each such witness provide a summary of their expected testimony.

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 all Documents that support, contradict, or relate to Plaintiff’s claims or Your defenses, including the Bates numbers (if produced) or other locating information.

INTERROGATORY NO. 7

Describe all insurance agreements, policies, or self-insurance arrangements that may satisfy any part of a judgment in this Action, including coverage limits, deductibles, and reservation-of-rights status.

INTERROGATORY NO. 8

Detail every communication between You and any non-party regarding the Incident or this Action, including the date, participants, and content of each communication.

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

State the name and specialty of every expert witness whom You expect to call at trial, and for each expert provide:
a. The subject matter of anticipated testimony;
b. The substance of facts and opinions to which the expert is expected to testify; and
c. A summary of the grounds for each opinion.

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 any repairs, modifications, or remedial measures taken after the Incident and, for each, identify the date, nature of the measure, decision-makers, and documents memorializing the measure.

[Continue with additional Interrogatories up to the Rule-permitted maximum, renumbering accordingly.]

5. VERIFICATION

State of __________ )
) ss.
County of ________ )

I, ______________________________________, being duly sworn, depose and state that I am the [title/position] of Defendant [DEFENDANT NAME]; that I have read the foregoing Answers to Interrogatories and know the contents thereof; and that the same are true and correct to the best of my knowledge, information, and belief.

_________________________________________
[PRINTED NAME]
[Title]
[Date]

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

_________________________________________
Notary Public
My Commission Expires: ________________

6. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __________, 20___, the foregoing PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT was served by [electronic filing / hand delivery / U.S. Mail / email] upon:

[NAME & ADDRESS OF OPPOSING COUNSEL]
Attorneys for Defendant

_________________________________________
[ATTORNEY NAME]
[Bar No.]
[Law Firm]
[Address]
[Phone] | [Email]

PRACTICE NOTES & RISK MANAGEMENT

Prepared for immediate adaptation and service in Missouri state court proceedings. Counsel should review all local rules, standing orders, and recent amendments prior to final issuance.