PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT

Pursuant to Mont. R. Civ. P. 26 & 33

[// GUIDANCE: This template is drafted for use in Montana state district courts. It may be adapted for Justice Courts, Municipal Courts, or the Montana Water Court with rule-specific modifications.]

I. DOCUMENT HEADER

IN THE [___] JUDICIAL DISTRICT COURT OF THE STATE OF MONTANA
IN AND FOR THE COUNTY OF [COUNTY]

Plaintiff: [PLAINTIFF FULL LEGAL NAME]
Defendant: [DEFENDANT FULL LEGAL NAME]

Case No. [CASE NUMBER]

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT [DEFENDANT SURNAME]

Date Served: [DATE]

II. DEFINITIONS

Unless the context indicates otherwise, the following definitions apply throughout these Interrogatories:

1. “Plaintiff,” “You,” or “Your” means [PLAINTIFF NAME], along with all present and former officers, directors, employees, agents, representatives, attorneys, insurers, consultants, and any other persons acting or purporting to act on Plaintiff’s behalf.
2. “Defendant” means [DEFENDANT NAME], its parents, subsidiaries, affiliates, predecessors, successors, divisions, partners, joint venturers, and all present or former directors, officers, employees, agents, representatives, attorneys, insurers, consultants, and any other persons acting or purporting to act on Defendant’s behalf.
3. “Document” has the broadest meaning permitted under Mont. R. Civ. P. 34 and includes electronically-stored information (“ESI”) as defined in Mont. R. Civ. P. 26(a)(4).
4. “Identify” (when referring to a natural person) means to state the person’s full name, present or last-known address, present or last-known telephone number, and present or last-known employer and job title.
5. “Identify” (when referring to a document) means to state (a) its date, (b) author(s), (c) recipient(s), (d) type of document (e.g., email, contract, memorandum), (e) a brief description of its subject matter, and (f) the current custodian’s name and address.

[// GUIDANCE: Add or delete definitions as case-specific facts dictate.]

III. INSTRUCTIONS

1. Governing Rules. These Interrogatories are propounded pursuant to Mont. R. Civ. P. 26–33.
2. Numerical Limits. Mont. R. Civ. P. 33(a)(1) limits a party to 25 written interrogatories, including discrete subparts, unless the court orders otherwise or the parties stipulate ─ comply accordingly.
3. Duty to Respond. Each Interrogatory must be answered separately and fully in writing under oath, within 30 days after service, unless the parties stipulate or the Court orders otherwise. Mont. R. Civ. P. 33(b)(2).
4. Manner of Answering. Restate the Interrogatory in full immediately preceding each answer. If you object, state the specific ground(s) and answer to the extent the Interrogatory is not objectionable.
5. Continuing Duty. These Interrogatories are deemed continuing; you must seasonably supplement or correct your answers in accordance with Mont. R. Civ. P. 26(e).
6. Privilege/Work-Product. If you withhold information based on privilege or work-product protection, (a) identify the nature of the privilege asserted, and (b) provide a privilege log that complies with Mont. R. Civ. P. 26(b)(5).
7. Electronically Stored Information (“ESI”). To the extent answers rely on ESI, identify the system, database, file path, custodian, and relevant metadata.
8. Time Frame. Unless an Interrogatory specifies otherwise, the relevant time period is [SPECIFY TIME FRAME, e.g., “January 1, 20XX to present”].
9. “And/Or.” The terms “and” and “or” shall be construed conjunctively and disjunctively to make the Interrogatory inclusive rather than exclusive.

IV. INTERROGATORIES

[// GUIDANCE: Draft no more than 25 Interrogatories (including discrete subparts) absent court approval or written stipulation. Ensure each Interrogatory seeks discoverable, non-privileged information and is proportionate to the needs of the case per Mont. R. Civ. P. 26(b)(1).]

Interrogatory No. 1

Identify all persons who have knowledge of the facts alleged in the Complaint or Answer, including their relationship to the parties and a concise statement of the subject matter of their knowledge.

Interrogatory No. 2

Describe in detail every statement—oral or written—that You contend supports Your claims or defenses, including (a) the date, (b) the substance of the statement, (c) the person(s) making and receiving the statement, and (d) any documents memorializing the statement.

Interrogatory No. 3

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

Interrogatory No. 4

Describe all communications between You and [OPPOSING PARTY OR NONPARTY] concerning the subject matter of this litigation.

Interrogatory No. 5

Itemize all damages You claim in this action, stating for each category (a) the amount, (b) the methodology used to calculate the amount, (c) the Documents supporting the calculation, and (d) the person most knowledgeable regarding the calculation.

[Add Interrogatories 6–25 as needed.]

V. VERIFICATION

STATE OF MONTANA
COUNTY OF [___]

I, [NAME], being first duly sworn, depose and state that I am [POSITION/TITLE] for [PARTY NAME], that I have read the foregoing answers to Plaintiff’s First Set of Interrogatories, know the contents thereof, and that the same are true and correct to the best of my knowledge, information, and belief, subject to the objections and qualifications stated therein.

[NAME]
[CAPACITY, e.g., “Individual Defendant” or “Duly Authorized Representative”]

SUBSCRIBED AND SWORN TO before me this _ day of _, 20__.

Notary Public for the State of Montana
Residing at: ____
My Commission Expires: _______

VI. CERTIFICATE OF SERVICE

I certify that on the _ day of _, 20__, I served the foregoing Plaintiff’s First Set of Interrogatories to Defendant by [METHOD OF SERVICE, e.g., “electronic mail and U.S. Mail, postage prepaid”] upon:

1. [OPPOSING COUNSEL NAME], Esq.
   [LAW FIRM]
   [ADDRESS]
   [EMAIL]

[ATTORNEY NAME]
Attorney for Plaintiff
[LAW FIRM]
[ADDRESS]
[PHONE] | [EMAIL]
Montana Bar No. [BAR #]

OPTIONAL PROTECTIVE ORDER LANGUAGE

[// GUIDANCE: If sensitive information (e.g., trade secrets, medical records) is expected, consider filing a stipulated protective order under Mont. R. Civ. P. 26(c). Insert cross-reference here if already in place.]

PRACTICE NOTES & RISK MANAGEMENT

[// GUIDANCE:

1. Privilege Logs: Montana courts expect sufficient detail for each withheld item (author, recipients, date, privilege claimed).
2. Over-Breadth: Avoid “catch-all” Interrogatories that may be struck as unduly burdensome.
3. Supplementation: Calendar a 30-day check for supplementation obligations under Mont. R. Civ. P. 26(e).
4. Objections: State objections with specificity; boilerplate objections are disfavored.
5. Early Meet & Confer: Mont. R. Civ. P. 26(f) conference (or local scheduling order) may affect discovery sequence and deadlines—confirm compliance before service.
6. Expansion of 25-Interrogatory Limit: File a motion under Mont. R. Civ. P. 33(a)(1) (showing good cause) or obtain written stipulation.]

End of Document