Montana State Court Discovery Interrogatories

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

MONTANA DISTRICT COURT

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

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

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

Attorney Information

INTRODUCTORY STATEMENT

Plaintiff, [________________________________], by and through undersigned counsel, pursuant to Montana 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 Mont. R. Civ. P. 33(b)(2), Defendant must serve written answers and any objections within thirty (30) days after service of these Interrogatories. If Defendant has not yet answered the Complaint, Defendant may serve answers or objections within forty-five (45) days after service of the Summons and Complaint.

Interrogatory Limit: Under Mont. R. Civ. P. 33(a)(1), a party may serve on any other party no more than fifty (50) written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Mont. R. Civ. P. 26(b)(2). The parties may also stipulate in writing to additional interrogatories.

Continuing Duty to Supplement: Pursuant to Mont. R. Civ. P. 26(e), 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 and the identity of expert witnesses expected to be called at trial.

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 defined in Mont. R. Civ. P. 26(a)(4) and Mont. 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 or registered agent.

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, subsidiaries, affiliates, predecessors, successors, 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. Restate each Interrogatory in full immediately before the corresponding answer. Pursuant to Mont. R. Civ. P. 33(b)(1), each interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath.

2. Oath Requirement. All answers must be made under oath and signed by the party answering, not merely by counsel. Mont. R. Civ. P. 33(b)(1).

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; (b) identify the nature of the privilege or protection claimed; and (c) provide a privilege log that complies with Mont. R. Civ. P. 26(b)(5), describing the nature of the documents, communications, or tangible things not produced in a manner sufficient to enable Plaintiff and the Court to assess the claim of privilege.

4. Supplementation Duty. These Interrogatories are continuing in nature pursuant to Mont. R. Civ. P. 26(e). Defendant must seasonably supplement or correct any response, including information regarding persons having knowledge and expert witnesses.

5. Objections. If Defendant objects to any Interrogatory, the grounds for objecting must be stated with specificity. Mont. R. Civ. P. 33(b)(4). If an objection is asserted as to part of an Interrogatory, answer the remainder to the extent not objectionable. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.

6. Time Frame. Unless an Interrogatory specifies otherwise, the relevant time period is from [__/__/____] through the present.

7. Construction. The terms "and" and "or" shall be construed conjunctively and disjunctively to make each Interrogatory inclusive rather than exclusive. The singular includes the plural and vice versa.

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

INTERROGATORY NO. 2: 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. 3: 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 knowledge;
• (d) Whether a written or recorded statement has been obtained from that person, and if so, the date and custodian of the statement.

INTERROGATORY NO. 4: Documents

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

• (a) A description of the Document or category;
• (b) The date or date range;
• (c) The author or creator;
• (d) The current custodian and location;
• (e) Whether the Document is in electronic or physical form.

INTERROGATORY NO. 5: Expert Witnesses

Identify each expert witness You have retained, specially employed, or expect to call at trial in this Action, and for each such expert provide:

• (a) The expert's full name, business address, and professional credentials;
• (b) The subject matter on which the expert is expected to testify;
• (c) The substance of the facts and opinions to which the expert is expected to testify;
• (d) A summary of the grounds for each opinion;
• (e) All reports prepared by the expert;
• (f) The expert's compensation for review, preparation, and testimony.

INTERROGATORY NO. 6: Damages

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

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

INTERROGATORY NO. 7: 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 potential 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 per-occurrence and aggregate limits;
• (e) Whether the insurer has accepted or denied coverage, or reserved rights;
• (f) Any applicable deductible or self-insured retention.

INTERROGATORY NO. 8: Prior Claims and Lawsuits

Identify every claim, lawsuit, administrative proceeding, or arbitration in the past ten (10) years in which You were a party and that involved allegations similar or related to those in this Action. For each, state:

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

INTERROGATORY NO. 9: Communications

Identify and describe all Communications between You and any other person concerning the Incident, including:

• (a) The date of the Communication;
• (b) The identity of all participants;
• (c) The method of Communication (oral, written, electronic);
• (d) The substance of the Communication;
• (e) Whether the Communication was recorded or memorialized, and if so, the custodian of the recording or document.

INTERROGATORY NO. 10: 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. 11: 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 for each employer;
• (c) The dates of any missed work allegedly attributable to the Incident;
• (d) The total amount of wages or income allegedly lost;
• (e) Whether Plaintiff received disability, workers' compensation, or similar benefits during any period of claimed lost wages.

INTERROGATORY NO. 12: Comparative Fault

If You contend that Plaintiff was comparatively negligent or otherwise at fault for the Incident or for Plaintiff's injuries or damages under Montana's comparative fault statute (Mont. Code Ann. Section 27-1-702), 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 of Plaintiff's alleged fault;
• (d) All Documents supporting Your contention;
• (e) The percentage of fault You attribute to Plaintiff.

INTERROGATORY NO. 13: Third-Party Liability

If You contend that any third party is wholly or partially responsible for the Incident or for Plaintiff's claimed 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 of the third party's alleged responsibility;
• (d) All Documents supporting the contention;
• (e) The percentage of fault You attribute to each third party.

INTERROGATORY NO. 14: Investigations

Describe any and all investigations conducted by You or on Your behalf relating to the Incident or to any claim or defense in this Action, including:

• (a) The identity of each investigator;
• (b) The dates of the investigation;
• (c) The scope and purpose of the investigation;
• (d) A summary of the findings;
• (e) All reports, memoranda, or other Documents generated as a result of the investigation.

INTERROGATORY NO. 15: Preservation of Evidence

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

• (a) The date any litigation hold notice was issued;
• (b) The persons to whom the litigation hold was directed;
• (c) The substance of the litigation hold instructions;
• (d) Any Documents or ESI that were lost, destroyed, or rendered inaccessible after the duty to preserve arose, and the circumstances of such loss or destruction.

INTERROGATORY NO. 16: Statements Obtained

Identify all statements, whether written, recorded, or summarized, that You or anyone acting on Your behalf has obtained from any person concerning the Incident, including:

• (a) The name of the person providing the statement;
• (b) The date the statement was obtained;
• (c) The identity of the person who obtained the statement;
• (d) The form of the statement (written, audio recording, video, etc.);
• (e) The current custodian and location of the statement.

INTERROGATORY NO. 17: Corrective or Remedial Actions

Describe any corrective, remedial, or preventive actions taken by You or on Your behalf as a result of, or in connection with, 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. 18: Governmental Investigations or Citations

Identify any investigation, inspection, citation, fine, or other action by any governmental or regulatory agency concerning the Incident or related conduct, including:

• (a) The name of the agency;
• (b) The date of the investigation, inspection, or citation;
• (c) The nature and outcome of the agency action;
• (d) Any corrective actions required or undertaken;
• (e) All Documents relating to the agency action.

CASE-SPECIFIC INTERROGATORIES

INTERROGATORY NO. 19:
[________________________________]
[________________________________]
[________________________________]

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

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

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

Note: Under Mont. R. Civ. P. 33(a)(1), the total number of interrogatories, including all discrete subparts, may not exceed fifty (50) per party without stipulation or leave of court. Each discrete subpart counts as a separate interrogatory. Practitioners must carefully track the total count.

VERIFICATION

STATE OF MONTANA
COUNTY OF [________________________________]

I, [________________________________], being first duly sworn, depose and state 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, subject to the objections and qualifications stated therein.

Signature: [________________________________]

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date: [__/__/____]

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

Signature: [________________________________]

Notary Public for the State of Montana

Residing at: [________________________________]

My Commission Expires: [__/__/____]

CERTIFICATE OF SERVICE

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

☐ Electronic mail
☐ U.S. Mail, postage prepaid
☐ Hand delivery
☐ Overnight courier service
☐ Montana e-Filing system
☐ Other: [________________________________]

Served upon:

Signature: [________________________________]

[________________________________]
Montana Bar No. [________________________________]
Attorney for Plaintiff
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (Phone) | [________________________________] (Email)

PRACTICE NOTES

Montana-Specific Discovery Rules

1. Interrogatory Limit. Mont. R. Civ. P. 33(a)(1) limits each party to 50 interrogatories, including all discrete subparts, directed to any single party. Additional interrogatories require either written stipulation of the parties or a court order. A motion for leave to serve additional interrogatories must demonstrate good cause consistent with Mont. R. Civ. P. 26(b)(2).

2. Response Deadline. Answers and objections must be served within 30 days after service of the interrogatories. A defendant who has not yet answered the complaint has 45 days after service of the summons and complaint. Mont. R. Civ. P. 33(b)(2).

3. Contention Interrogatories. Under Mont. R. Civ. P. 33(a)(2), 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. However, the court may order that such interrogatories need not be answered until after designated discovery is complete or until a pretrial conference.

4. Objection Procedures. Objections must be stated with specificity. Mont. R. Civ. P. 33(b)(4). Boilerplate objections are disfavored. Any ground for objection not stated in a timely objection is waived unless the court, for good cause, excuses the failure.

5. Motion to Compel. Under Mont. R. Civ. P. 37(a), if a party fails to answer an interrogatory, the propounding party may move for an order compelling answers. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the party failing to respond.

6. Sanctions. Mont. R. Civ. P. 37(b) 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 designated claims or defenses
• ☐ Striking pleadings in whole or in part
• ☐ Staying further proceedings until compliance
• ☐ Dismissing the action or rendering default judgment
• ☐ Contempt of court
• ☐ Award of reasonable expenses, including attorney's fees

7. Meet and Confer Requirement. Mont. R. Civ. P. 26(f) requires the parties to confer as soon as practicable and at least 21 days before a scheduling conference is held or a scheduling order is due. The discovery plan may affect the timing and scope of interrogatories.

8. Protective Orders. If sensitive information (e.g., trade secrets, medical records, financial data) is anticipated, consider seeking a stipulated protective order under Mont. R. Civ. P. 26(c) before serving interrogatories.

9. Proportionality. Mont. R. Civ. P. 26(b)(1) requires that discovery be proportional to the needs of the case, considering the importance of the issues, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of discovery in resolving the issues, and whether the burden or expense of proposed discovery outweighs its likely benefit.

SOURCES AND REFERENCES

• Montana Rules of Civil Procedure, Rule 33: https://law.justia.com/codes/montana/title-25/chapter-20/part-v/section-rule-33/
• Montana Rules of Civil Procedure, Rule 26: https://law.justia.com/codes/montana/title-25/chapter-20/part-v/
• Montana Rules of Civil Procedure, Rule 37 (Sanctions)
• Montana Code Annotated, Title 25, Chapter 20: https://archive.legmt.gov/bills/mca/title_0250/chapter_0200/part_0050/section_0330/0250-0200-0050-0330.html
• Montana Judicial Branch: https://courts.mt.gov/
• Montana State Bar Association: https://www.montanabar.org/