North Carolina State Court Discovery Interrogatories

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

STATE OF NORTH CAROLINA — GENERAL COURT OF JUSTICE

STATE OF NORTH CAROLINA
COUNTY OF [________________________________]
IN THE GENERAL COURT OF JUSTICE
☐ SUPERIOR COURT DIVISION / ☐ DISTRICT COURT DIVISION

Attorney Information

INTRODUCTORY STATEMENT

Plaintiff, [________________________________], by and through undersigned counsel, pursuant to Rules 26 and 33 of the North Carolina Rules of Civil Procedure (N.C. Gen. Stat. Section 1A-1), propounds the following Interrogatories upon Defendant, [________________________________], to be answered separately, fully, in writing, and under oath.

Response Deadline: Pursuant to N.C. R. Civ. P. 33(a), Defendant must serve verified 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 upon Defendant. When service is made by mail, three (3) additional days are added under N.C. R. Civ. P. 6(e).

Interrogatory Limit: Under N.C. R. Civ. P. 33(a), a party may direct no more than fifty (50) interrogatories, in one or more sets, to any other party, except upon leave granted by the Court for good cause shown or by agreement of the other party. Interrogatory parts and subparts shall be counted as separate interrogatories for purposes of this rule.

Continuing Duty to Supplement: Pursuant to N.C. R. Civ. P. 26(e), these Interrogatories are continuing in nature. Defendant has a duty to seasonably supplement responses with respect to the identity and location of persons having knowledge of discoverable matters, the identity of expert witnesses, and any response that was incorrect when made or that, though correct when made, is no longer true.

DEFINITIONS

For purposes of these Interrogatories, the following definitions shall apply and shall be construed in the broadest sense consistent with the North Carolina Rules of Civil Procedure:

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, including oral, electronic, or written statements, emails, text messages, voicemails, social media posts, letters, facsimiles, meetings, 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 N.C. R. Civ. P. 34(a). This includes but is not limited to contracts, agreements, correspondence, memoranda, reports, 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 position at the time relevant to the Interrogatory, 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, address of principal place of business, and the identity of an individual knowledgeable about the matter addressed.

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 Complaint, 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, 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 mentioning, describing, evidencing, summarizing, referring to, constituting, or having any logical connection with the subject matter referenced.

INSTRUCTIONS

1. Separate Answers Required. Each Interrogatory must be answered separately and fully in writing under oath. Restate each Interrogatory in full immediately before the corresponding answer. Cite the Interrogatory number for each answer.

2. Oath Requirement. Pursuant to N.C. R. Civ. P. 33(a), all answers must be verified — made under oath and signed by the party to whom the Interrogatories are directed, not merely by counsel. Boilerplate or generalized objections without specific factual bases are disfavored.

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; and (b) provide a privilege log that complies with N.C. R. Civ. P. 26(b)(5), identifying the nature of the information withheld in a manner sufficient to enable Plaintiff and the Court to assess the applicability of the privilege.

4. Supplementation Duty. These Interrogatories are continuing in nature pursuant to N.C. R. Civ. P. 26(e). Defendant must seasonably supplement responses regarding the identity of persons with knowledge, expert witnesses, and any response that was incorrect or is no longer true.

5. Objections. State any objection with specificity, including the legal and factual basis. If an objection applies to only part of an Interrogatory, answer the non-objectionable portion.

6. Computation of Time. Time periods are calculated pursuant to N.C. R. Civ. P. 6(a). When service is made by mail, three (3) additional days are added under N.C. R. Civ. P. 6(e).

7. Scope and Time Period. Unless otherwise limited, each Interrogatory seeks information from the period beginning three (3) years before the Incident through the present.

8. Meet-and-Confer. Consistent with N.C. R. Civ. P. 26(f) and local practice, counsel shall confer in good faith to resolve any discovery dispute before seeking Court intervention.

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 incorporation or formation, date of formation, principal place of business address, registered agent information, and the names and titles of all current officers, directors, members, or managing partners.

INTERROGATORY NO. 2: Persons Assisting with Answers

Identify all persons who assisted in preparing the answers to these Interrogatories, stating each person's role and the specific Interrogatories for which they provided information.

INTERROGATORY NO. 3: Factual Basis for Defenses

State in detail the complete factual basis for each affirmative defense pleaded in Your Answer, including:

• (a) All facts supporting each defense;
• (b) The identity of each person with knowledge of facts supporting each defense;
• (c) The identification of all Documents and Communications supporting each defense.

INTERROGATORY NO. 4: Incident Description

Describe in chronological order Your version of how the Incident occurred, including:

• (a) The date, time, and location;
• (b) The sequence of events;
• (c) All eyewitnesses;
• (d) All Documents that support Your description;
• (e) Any conditions or circumstances You contend contributed to the Incident.

INTERROGATORY NO. 5: 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) The substance of the testimony You expect each witness to provide;
• (c) Whether a written or recorded statement has been obtained.

INTERROGATORY NO. 6: Expert Witnesses

Identify each expert witness You expect to call at trial in this Action, and for each provide:

• (a) The expert's full name, business address, and professional qualifications;
• (b) The subject matter on which the expert is expected to testify;
• (c) The expert's opinions and the bases therefor;
• (d) All Documents reviewed or relied upon by the expert;
• (e) The expert's compensation for preparation and testimony.

INTERROGATORY NO. 7: Damages

State the total amount of damages You claim or contend Plaintiff has suffered as a result of the Incident, and provide a breakdown by category (including but not limited to property damage, medical expenses, lost wages, lost profits, pain and suffering), including for each:

• (a) The amount;
• (b) The method of computation;
• (c) All supporting Documents;
• (d) The person most knowledgeable regarding each calculation.

INTERROGATORY NO. 8: Insurance

Identify all insurance agreements under which any person carrying on an insurance business may be liable to satisfy all or part of a judgment in this Action, or to indemnify or reimburse for payments made to satisfy the judgment. (See N.C. R. Civ. P. 26(b)(2).) For each policy, state:

• (a) The name and address of the insurer;
• (b) The policy number;
• (c) The type and amount of coverage, including limits;
• (d) Whether coverage has been accepted, denied, or reserved;
• (e) Any applicable deductible or self-insured retention.

INTERROGATORY NO. 9: Communications

For each Communication between You and Plaintiff (or Plaintiff's agents) concerning the Incident, state:

• (a) The date;
• (b) The identity of all participants;
• (c) The medium of Communication;
• (d) The content or substance of the Communication;
• (e) Whether the Communication was recorded or memorialized.

INTERROGATORY NO. 10: Prior Claims and Lawsuits

Identify any prior claims, lawsuits, or administrative proceedings arising from substantially similar facts or occurrences in which You were involved within the past ten (10) years. For each, state:

• (a) The court or agency;
• (b) The case number;
• (c) The nature of the claim;
• (d) The disposition;
• (e) The amount of any judgment, settlement, or award.

INTERROGATORY NO. 11: Third-Party Liability

If You contend that any third person is wholly or partially responsible for Plaintiff's alleged damages, identify that person and state:

• (a) The factual basis for Your contention;
• (b) The legal basis for Your contention;
• (c) The identity of each witness with knowledge;
• (d) All Documents supporting the contention.

INTERROGATORY NO. 12: Contributory Negligence

If You assert the defense of contributory negligence under North Carolina law, state:

• (a) Each act or omission You attribute to Plaintiff;
• (b) The time and place of each act or omission;
• (c) The identity of each person with knowledge;
• (d) All Documents supporting Your contention.

Note: North Carolina follows the doctrine of pure contributory negligence. If Plaintiff's own negligence contributed to the injury in any degree, Plaintiff may be barred from recovery. This defense, if asserted, should be supported with detailed factual allegations.

INTERROGATORY NO. 13: Investigations

Describe all investigations conducted by You or on Your behalf relating to the Incident, including:

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

INTERROGATORY NO. 14: Safety Policies and Procedures

Describe all safety policies, procedures, or protocols in effect at the time of the Incident that relate to the acts or omissions alleged in the Complaint, and:

• (a) Identify each policy or procedure by title or description;
• (b) State the date each was implemented;
• (c) Identify each person responsible for enforcing the policy;
• (d) Produce or identify all Documents reflecting these policies.

INTERROGATORY NO. 15: Governmental Citations or Penalties

State whether You have been cited, fined, or otherwise penalized by any governmental agency concerning the Incident or related conduct. If so, state:

• (a) The name of the agency;
• (b) The date of the citation or penalty;
• (c) The nature of the violation alleged;
• (d) The outcome or status;
• (e) Any corrective actions required or undertaken.

INTERROGATORY NO. 16: Photographs, Videos, and Recordings

Identify all photographs, videos, or other recordings relating to the Incident or any alleged damages, stating:

• (a) The date taken or recorded;
• (b) The creator or author;
• (c) The current custodian;
• (d) A brief description of the content.

INTERROGATORY NO. 17: Preservation of Evidence

Describe all efforts to identify, locate, and preserve Documents and ESI relevant to this litigation, including:

• (a) The date any litigation hold notice was issued;
• (b) The persons to whom the hold was directed;
• (c) Any Documents or ESI lost, destroyed, or rendered inaccessible after the duty to preserve arose.

INTERROGATORY NO. 18: 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. 19: Trial Exhibits

Identify all Documents You intend to introduce as exhibits at trial and state briefly the purpose for which each will be offered.

CASE-SPECIFIC INTERROGATORIES

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

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

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

INTERROGATORY NO. 23:
[________________________________]
[________________________________]
[________________________________]

Note: Under N.C. R. Civ. P. 33(a), the total number of interrogatories, in one or more sets, may not exceed fifty (50) per party. Interrogatory parts and subparts are counted as separate interrogatories. Leave of court for good cause shown or agreement of the opposing party is required to exceed the limit.

VERIFICATION

STATE OF NORTH CAROLINA
COUNTY OF [________________________________]

I, [________________________________], being first duly sworn, say that I am the ☐ Defendant individually / ☐ [________________________________] (title/position) for Defendant [________________________________]; that I have read the foregoing Answers to Plaintiff's First Set of Interrogatories and know the contents thereof; and that the same are true to my knowledge, except as to those matters stated upon information and belief, and as to those, I believe them to be true.

Signature: [________________________________]

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date: [__/__/____]

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

Signature: [________________________________]

Notary Public

My Commission Expires: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Plaintiff's First Set of Interrogatories to Defendant was served upon counsel for Defendant by the method indicated below:

☐ Hand delivery
☐ U.S. Mail, postage prepaid
☐ Electronic mail (email)
☐ NC eCourts e-Filing system
☐ Facsimile transmission
☐ Other: [________________________________]

Served upon:

This the [____] day of [________________________________], 20[____].

Signature: [________________________________]

[________________________________], N.C. State Bar No. [________________________________]
Attorney for Plaintiff
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (Phone) | [________________________________] (Email)

PRACTICE NOTES

North Carolina-Specific Discovery Rules

1. Interrogatory Limit. N.C. R. Civ. P. 33(a) limits each party to 50 interrogatories, in one or more sets, directed to any other party. Parts and subparts count as separate interrogatories. Exceeding the limit requires leave of court for good cause shown or agreement of the opposing party.

2. Response Deadline. Answers and objections must be served within 30 days after service. A defendant who has not yet answered the complaint has 45 days after service of the summons and complaint. When service is by mail, add 3 days under N.C. R. Civ. P. 6(e).

3. Contributory Negligence. North Carolina is one of a small number of states that follow the doctrine of pure contributory negligence. Under this doctrine, if a plaintiff's own negligence contributed to the injury in any degree, the plaintiff is barred from recovery. This makes Interrogatory No. 12 (contributory negligence) particularly important in North Carolina personal injury and negligence cases.

4. Objection Procedures. Objections must be stated with specificity. If the answering party objects to part of an interrogatory, the non-objectionable portion must still be answered. Unsupported boilerplate objections are disfavored and may be overruled.

5. Business Records Option. Under N.C. R. Civ. P. 33(c), where the answer to an interrogatory may be derived from business records and the burden of deriving the answer is substantially the same for the propounding party, the answering party may specify the records and afford reasonable opportunity for examination. However, North Carolina courts have held that simply dumping records without meaningful specification is insufficient.

6. Motion to Compel. Under N.C. 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 should include a certification of good-faith efforts to resolve the dispute.

7. Sanctions. N.C. 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 claims or defenses
• ☐ Striking pleadings in whole or in part
• ☐ Staying proceedings until compliance
• ☐ Dismissing the action or rendering default judgment
• ☐ Contempt of court
• ☐ Award of reasonable expenses, including attorney's fees

8. E-Filing. North Carolina has transitioned to the NC eCourts platform for electronic filing. Confirm whether the applicable county requires e-filing and comply with any local e-filing pilot program rules.

9. Local Rules. Check county-specific local rules for any additional discovery provisions, page-limit requirements, or mandated formatting (e.g., font size, margins). Some counties have case management orders that modify standard discovery timelines.

SOURCES AND REFERENCES

• N.C. Gen. Stat. Section 1A-1, Rule 33 — Interrogatories to Parties: https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_1a/gs_1a-1,_rule_33.html
• N.C. Gen. Stat. Section 1A-1, Rule 26 — General Provisions Governing Discovery: https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_1a/gs_1a-1,_rule_26.html
• North Carolina General Assembly — Chapter 1A, Article 5: https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_1A/Article_5.pdf
• North Carolina Judicial Branch — eCourts: https://www.nccourts.gov/ecourts
• NC Bar Blog — Business Records Under Rule 33(c): https://www.ncbarblog.com/dont-let-your-opponent-bury-you-under-a-mountain-of-business-records-in-lieu-of-answering-interrogatories/
• North Carolina State Bar: https://www.ncbar.gov/