Mississippi State Court Discovery Interrogatories

MISSISSIPPI STATE COURT DISCOVERY INTERROGATORIES

IN THE [________________________________] COURT OF [________________________________] COUNTY, MISSISSIPPI

[________________________________],

Plaintiff,

v.

Cause No.: [________________________________]

[________________________________],

Defendant.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

ATTORNEY INFORMATION

TABLE OF CONTENTS

1. Introductory Statement and Authority
2. Definitions
3. Instructions
4. General Interrogatories (Nos. 1-20)
5. Case-Specific Interrogatories
6. Verification / Oath
7. Certificate of Service
8. Practice Notes
9. Sources and References

I. INTRODUCTORY STATEMENT AND AUTHORITY

Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, hereby propounds the following Interrogatories upon Defendant, [________________________________] ("Defendant"), pursuant to Rule 33 of the Mississippi Rules of Civil Procedure ("MRCP").

Response Deadline. Pursuant to MRCP 33(b), Defendant must serve written, sworn answers and any objections within thirty (30) days after service of these Interrogatories. If these Interrogatories are served together with the summons and complaint, Defendant shall have forty-five (45) days after service of the summons and complaint to respond. See MRCP 33(b).

Interrogatory Limit. Pursuant to MRCP 33(a), a party may serve no more than thirty (30) interrogatories upon any other party without leave of court. Leave of court to exceed thirty interrogatories requires a showing of necessity. Each interrogatory shall consist of a single question. This set contains [____] interrogatories, which does not exceed the permitted limit.

Continuing Obligation. These Interrogatories are subject to the duty to supplement under MRCP 26(f). Defendant must seasonably supplement or amend prior responses whenever additional or corrective information becomes available.

II. DEFINITIONS

For purposes of these Interrogatories, the following terms shall have the meanings set forth below. Defined terms apply regardless of capitalization:

A. "Action" means the above-captioned lawsuit pending in the [________________________________] Court of [________________________________] County, Mississippi.

B. "Communication" means any oral, written, or electronic transmission of information, including but not limited to letters, memoranda, emails, text messages, instant messages, social media posts or messages, voicemails, telephone calls, facsimiles, video conferences, meetings, and face-to-face conversations.

C. "Concerning," "Relating to," or "Regarding" means directly or indirectly mentioning, referencing, describing, reflecting, evidencing, constituting, or in any way pertaining to the identified subject matter.

D. "Document" is defined to be synonymous in meaning and equal in scope to the usage of that term in MRCP 34 and includes, without limitation, all writings, drawings, graphs, charts, photographs, sound recordings, images, electronically stored information ("ESI"), and other data or data compilations in any medium from which information can be obtained.

E. "Identify" or "Identification" means:

• (i) For a natural person: state full legal name, all known aliases, present or last-known residential address, telephone number, email address, current employer, job title, and relationship to any party in this Action;
• (ii) For a business entity: state the full legal name, form of organization, state of formation, principal place of business address, and the identity of the individual(s) most knowledgeable about the subject matter;
• (iii) For a document: state the title or description, date, author(s), recipient(s), type (e.g., email, letter, report), Bates number (if applicable), and present custodian or location;
• (iv) For a communication: state the date, medium, participants, subject matter, and substance.

F. "Incident" means the events, occurrences, transactions, or omissions giving rise to this litigation as described in the Complaint filed herein.

G. "Person" means any natural person, corporation, limited liability company, partnership, joint venture, association, governmental body, or any other legal or business entity.

H. "You," "Your," or "Defendant" means [________________________________], together with all present and former officers, directors, managing members, employees, agents, representatives, insurers, attorneys, experts, subsidiaries, affiliates, predecessors, successors, and any other Person acting or purporting to act on behalf of Defendant.

III. INSTRUCTIONS

1. Answering Under Oath. Each Interrogatory must be answered separately and fully, in writing, under oath. MRCP 33(a) requires that each interrogatory consist of a single question and that each be answered separately and fully. The answering party must sign the answers under oath, and counsel must also sign pursuant to MRCP 26(g). See MRCP 33(b)(1).

2. Form of Answers. State each answer fully and separately, immediately following the text of the corresponding Interrogatory. Answers must be complete, responsive, and not evasive.

3. Objections. All objections must be stated with specificity, setting forth the particular grounds for each objection. If an Interrogatory is objectionable in part, Defendant must answer the non-objectionable portion and state the specific grounds for partial objection. Boilerplate or generalized objections are not permitted. See MRCP 33(b).

4. Privilege Log. If any responsive information is withheld on the basis of attorney-client privilege, work-product immunity, or any other privilege or protection, Defendant must comply with MRCP 26(b)(6) by producing a privilege log that: (a) describes the nature of the withheld material in sufficient detail to allow assessment of the claim; and (b) states the specific privilege or protection asserted.

5. Supplementation. These Interrogatories are subject to the duty to supplement under MRCP 26(f). Defendant must seasonably supplement any response that was incomplete or incorrect when made, or that becomes incomplete or incorrect due to subsequently acquired information.

6. Option to Produce Business Records. Where the answer to an Interrogatory may be derived or ascertained from business records and the burden of deriving the answer is substantially the same for either party, Defendant may specify the records from which the answer may be derived and afford Plaintiff a reasonable opportunity to examine and copy such records. See MRCP 33(c).

7. Rules of Construction. The singular includes the plural and vice versa. Words of one gender include all genders. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the Interrogatory all responsive information. "Including" means "including but not limited to."

8. Time Period. Unless otherwise specified, each Interrogatory covers the period from [__/__/____] through the date of Defendant's response.

9. Computation of Time. All time periods shall be computed in accordance with MRCP 6(a). If service is by mail, add three (3) days to the response period under MRCP 6(e).

IV. GENERAL INTERROGATORIES

INTERROGATORY NO. 1: Identification of Responding Party

State Your full legal name, any other names or aliases used during the past ten (10) years, present residential address, present business address, all telephone numbers, and all email addresses used during the last five (5) years.

INTERROGATORY NO. 2: Persons Assisting in Preparation

Identify every Person who assisted, in whole or in part, in preparing the answers to these Interrogatories, and for each such Person, specify the subject matter of his or her assistance.

INTERROGATORY NO. 3: Fact Witnesses

Identify all Persons known or believed by You to have knowledge of any facts relevant to this Action and describe the subject matter of each such Person's knowledge.

INTERROGATORY NO. 4: Version of Events

Describe in detail Your version of how the Incident occurred, including the time, date, location, sequence of events, all Persons present, and all actions taken by each Person.

INTERROGATORY NO. 5: Factual Basis of Affirmative Defenses

State the factual basis for each affirmative defense pled in Your Answer, identifying all Documents and witnesses that support each stated fact.

INTERROGATORY NO. 6: Factual Basis of Denials

For each material allegation in the Complaint that You denied, state the factual and legal basis for Your denial and identify all Documents and witnesses supporting Your position.

INTERROGATORY NO. 7: Insurance Coverage

Identify all insurance policies, excess policies, or self-insured retention arrangements that may provide coverage for the claims asserted in this Action. For each, state: (a) the insurer's name and address; (b) the policy number; (c) the type of coverage; (d) the effective dates; (e) the limits of liability; (f) any applicable deductibles; and (g) any reservation-of-rights positions taken.

INTERROGATORY NO. 8: Expert Witnesses

State the name, address, and specialty of each expert You have retained or specifically consulted in anticipation of litigation or for trial. For each testifying expert, provide the information required by MRCP 26(b)(4)(A)(i), including: (a) the subject matter of expected testimony; (b) the substance of the facts and opinions to which the expert will testify; and (c) a summary of the grounds for each opinion.

INTERROGATORY NO. 9: Statements and Recordings

For each statement (oral, written, or recorded) that You contend supports any defense asserted in this Action, identify: (a) the Person who made the statement; (b) the date, time, and place it was made; (c) to whom it was made; (d) the substance of the statement; and (e) the present custodian of any document or recording reflecting the statement.

INTERROGATORY NO. 10: Investigations

Identify all Documents that relate to any investigation You (or anyone acting on Your behalf) conducted concerning the Incident, and state the name of the investigator, the dates of investigation, and the conclusions reached (to the extent not privileged).

INTERROGATORY NO. 11: Prior Litigation

Identify each prior lawsuit, claim, or administrative proceeding to which You have been a party within the past ten (10) years, including: (a) the court or agency; (b) the case style and docket number; (c) the nature of the claims; (d) the date filed; and (e) the disposition.

INTERROGATORY NO. 12: Communications with Plaintiff

Identify all Communications (including emails, text messages, or social media posts) exchanged between You and Plaintiff relating to the Incident or the subject matter of this Action. For each, state: (a) the date; (b) the participants; (c) the medium; and (d) the substance.

INTERROGATORY NO. 13: Damages Contested

State all facts upon which You rely to contest Plaintiff's claimed damages, including the amount of damages You admit are owed (if any) and all Documents and witnesses supporting Your position.

INTERROGATORY NO. 14: Mitigation of Damages

If You contend that Plaintiff failed to mitigate damages, state all facts supporting that contention, identify all supporting Documents, and identify the Persons with knowledge of those facts.

INTERROGATORY NO. 15: Third-Party Fault

If You contend that any party other than Yourself caused or contributed to the damages alleged, identify each such party and describe the factual and legal basis for that contention.

INTERROGATORY NO. 16: Remedial Measures

Describe any repairs, modifications, or remedial measures taken after the Incident that relate to any issue in this Action. For each, identify: (a) the date performed; (b) the nature of the measure; (c) the Person(s) who performed such work; and (d) all Documents relating to the measure.

INTERROGATORY NO. 17: Safety Policies and Procedures

Provide a detailed description of any safety policies, procedures, manuals, or training materials in effect at the time of the Incident that are relevant to this Action. Identify each Document embodying such policies, the date each was adopted, and any amendments.

INTERROGATORY NO. 18: Surveillance and Recordings

Describe any surveillance, video, audio, or photographic recordings of Plaintiff made by or on behalf of You, including: (a) the date(s); (b) the location(s); (c) the surveillance company or Person who performed the recording; (d) the duration; and (e) the present custodian.

INTERROGATORY NO. 19: Photographs and Demonstrative Evidence

Identify all photographs, diagrams, or other demonstrative evidence You intend to use at trial, stating for each: (a) the subject matter; (b) the date created; (c) the creator; and (d) the present custodian.

INTERROGATORY NO. 20: Liability Denial

If You deny liability in whole or in part, state the precise legal and factual bases for such denial and identify all Documents and witnesses supporting Your position.

V. CASE-SPECIFIC INTERROGATORIES

The following blank interrogatories are provided for attorney customization. Ensure the total number of interrogatories does not exceed thirty (30) without leave of court under MRCP 33(a). Leave of court requires a showing of necessity.

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

VI. VERIFICATION / OATH

Instructions to Responding Party: Mississippi Rule of Civil Procedure 33(b)(1) requires that interrogatory answers be signed under oath by the responding party. The attorney must also sign pursuant to MRCP 26(g). If the responding party is an entity, the verification should be signed by an officer or authorized representative.

STATE OF MISSISSIPPI

COUNTY OF [________________________________]

I, [________________________________], being first duly sworn, do hereby state under oath that I am the ☐ individual party / ☐ [________________________________] (title/position) of [________________________________] (entity name); that I have read the foregoing Answers to Plaintiff's First Set of Interrogatories and 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/Position (if entity): [________________________________]

SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the [____] day of [________________________________], 20[____].

Notary Public: [________________________________]

My Commission Expires: [__/__/____]

Attorney Signature (MRCP 26(g)):

Signature: [________________________________]

[________________________________], MSB No. [________________________________]
Attorney for Defendant
[________________________________] (Firm)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

VII. CERTIFICATE OF SERVICE

I, [________________________________], one of the attorneys for Plaintiff, do hereby certify that I have this day served a true and correct copy of the foregoing Plaintiff's First Set of Interrogatories to Defendant via the method(s) indicated below:

Method of Service:

☐ Mississippi Electronic Courts (MEC) / Electronic Filing

☐ United States First-Class Mail, postage prepaid

☐ Hand Delivery

☐ Facsimile

☐ Email

☐ Certified Mail, Return Receipt Requested

☐ Other: [________________________________]

Served Upon:

DATED: this the [____] day of [________________________________], 20[____].

Signature: [________________________________]

[________________________________], MSB No. [________________________________]
[________________________________] (Firm)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
Attorney for Plaintiff

VIII. PRACTICE NOTES

1. Interrogatory Limit. MRCP 33(a) limits interrogatories to thirty (30) per party. Each interrogatory must consist of a single question. Leave of court, upon a showing of necessity, is required to exceed this limit. Unlike some jurisdictions, Mississippi counts each interrogatory as one question regardless of subparts, but courts may treat compound questions as multiple interrogatories.

2. Response Deadline. The standard response deadline is thirty (30) days after service. A defendant served with interrogatories concurrently with the summons and complaint has forty-five (45) days. If service is by mail, add three (3) days under MRCP 6(e).

3. Verification. Mississippi requires both the party's sworn signature and the attorney's signature under MRCP 26(g). Ensure the verification block includes a notarized oath by the responding party.

4. Mississippi Electronic Courts (MEC). Mississippi courts increasingly use the MEC system for electronic filing and service. Confirm whether the assigned court requires e-filing and adjust the certificate of service accordingly.

5. Motion to Compel. If Defendant fails to timely respond or provides evasive or incomplete answers, Plaintiff may file a motion to compel under MRCP 37(a). Mississippi requires certification that counsel conferred or attempted to confer in good faith before filing a discovery motion.

6. Sanctions. Failure to serve timely, complete, and verified responses may result in sanctions under MRCP 37(b) and (d), including striking pleadings, precluding evidence, awarding attorney fees and expenses, or entering default judgment.

7. Supplementation. Under MRCP 26(f), responses must be seasonably supplemented. This includes identification of expert witnesses, persons with knowledge, and corrections to prior responses. Counsel should establish a system for tracking supplementation obligations.

8. Privilege Log. If information is withheld on privilege grounds, comply with MRCP 26(b)(6) by providing a detailed privilege log. Failure to produce an adequate privilege log may result in waiver of the privilege.

9. Coordinating Discovery. Consider serving interrogatories in conjunction with requests for production (MRCP 34) and requests for admission (MRCP 36) to maximize discovery within the thirty-interrogatory limit.

IX. SOURCES AND REFERENCES

• Mississippi Rules of Civil Procedure, Rules 5, 6, 26, 26(b)(4), 26(b)(6), 26(f), 26(g), 29, 33, 34, 36, 37
• Mississippi Rules of Civil Procedure (full text): https://courts.ms.gov/research/rules/msrulesofcourt/rules_of_civil_procedure.pdf
• Mississippi Electronic Courts (MEC): https://courts.ms.gov/mec/
• Mississippi State Bar: https://www.msbar.org