State Court Discovery - Interrogatories

IN THE DISTRICT COURT OF [COUNTY] COUNTY

STATE OF NORTH DAKOTA

[PLAINTIFF],
  Plaintiff,

v.

[DEFENDANT],
  Defendant.

Case No.: [CASE NO.]

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT

TABLE OF CONTENTS

1. Preliminary Statement & Rule Authority
2. Definitions
3. General Instructions
4. Specific Interrogatories (Nos. 1-25)
5. Verification (Form)
6. Certificate of Service

1. PRELIMINARY STATEMENT & RULE AUTHORITY

Pursuant to Rules 26 and 33 of the North Dakota Rules of Civil Procedure (“N.D. R. Civ. P.”), Plaintiff propounds the following Interrogatories to be answered fully, separately, and in writing under oath by Defendant within thirty (30) days of service, except that a Defendant served with the Summons and Complaint fewer than forty-five (45) days ago may answer within forty-five (45) days. See N.D. R. Civ. P. 33(b)(2). The total number of discrete Interrogatories does not exceed twenty-five (25), thereby complying with N.D. R. Civ. P. 33(a)(1).

2. DEFINITIONS

For purposes of these Interrogatories, the following terms have the meanings set forth below. Each defined term is capitalized when used herein.

1. “Action” means the above-captioned lawsuit.
2. “Communication” means any oral or written statement, dialogue, discussion, e-mail, text, letter, facsimile, memorandum, meeting, or other exchange of information.
3. “Document” and “Documents” are used in the broadest sense permitted under N.D. R. Civ. P. 34 and include electronically stored information (“ESI”).

4. “Identify” or “Identity” when referring to:
   a. a natural person—state full name, present or last known address, telephone number, and employment position;
   b. a business entity—state full legal name, form of organization, principal place of business, and officer or agent most closely connected with the subject matter;
   c. a Document—state title, date, author, recipient(s), type, and current custodian.

5. “Person” means any natural person or legal entity.

6. “Plaintiff,” “Defendant,” “You,” and “Your” refer to the party to whom the Interrogatories are directed and all agents, representatives, employees, predecessors, successors, parents, subsidiaries, and affiliates.

3. GENERAL INSTRUCTIONS

1. Answer each Interrogatory separately and completely, supplying all responsive information that is in Your possession, custody, or control, including that of Your attorneys, investigators, experts, and other agents.
2. If You object to any Interrogatory, state the specific grounds for objection and answer the remaining portion to the extent it is not objectionable. Boilerplate, generalized, or non-specific objections are disfavored.
3. Where a claim of privilege is asserted, expressly identify the nature of the privilege and provide a privilege log consistent with N.D. R. Civ. P. 26(b)(5).
4. These Interrogatories are deemed continuing; You must supplement or correct answers promptly upon learning that any answer is incomplete or incorrect. See N.D. R. Civ. P. 26(e).
5. Unless otherwise specified, the relevant time period is from [RELEVANT START DATE] through the date of Your answers.
6. Singular includes plural and vice versa; masculine, feminine, and neuter include each other; “and” as well as “or” are to be construed conjunctively or disjunctively as necessary to make the request inclusive rather than exclusive.

4. SPECIFIC INTERROGATORIES

Interrogatory No. 1

Identify all Persons who participated in preparing the responses to these Interrogatories and for each such Person, describe his or her role in preparing the answers.

Interrogatory No. 2

State the factual basis for each denial and the factual support for each affirmative defense asserted in Your Answer.

Interrogatory No. 3

Identify every Person believed or claimed by You to have personal knowledge of any facts relevant to this Action and state the subject matter of the knowledge possessed by each such Person.

Interrogatory No. 4

Describe in detail the sequence of events giving rise to the claims and defenses in this Action, identifying the dates, locations, and Persons involved.

Interrogatory No. 5

Identify and describe all Documents that support or relate to Your version of the events described in Interrogatory No. 4.

Interrogatory No. 6

State the total amount of damages You contend Plaintiff has sustained and describe the method of calculation for each element of damages.

Interrogatory No. 7

Identify all insurance agreements, indemnity agreements, or other contracts under which any Person may be liable to satisfy part or all of any judgment that may be entered in this Action.

Interrogatory No. 8

Identify any statements (written, recorded, or oral) obtained from Plaintiff or any witness concerning the subject matter of this Action.

Interrogatory No. 9

Describe any investigation conducted by You or on Your behalf regarding the incidents alleged in the Complaint, including the dates, scope, and Persons involved.

Interrogatory No. 10

State the name and qualifications of each expert witness You expect to call at trial and summarize the substance of the expert’s opinions.

Interrogatory No. 11

For each Communication between You and Plaintiff relating to the claims in this Action, identify the date, participants, and substance of the Communication.

Interrogatory No. 12

Identify each exhibit You presently intend to offer at trial and state the purpose for which each exhibit will be offered.

Interrogatory No. 13

Describe in detail any efforts undertaken by You to mitigate or avoid damages alleged by Plaintiff.

Interrogatory No. 14

Identify all Persons who have given statements—formal or informal—concerning the facts of this Action, and for each statement state whether it is written, recorded, or oral.

Interrogatory No. 15

Describe the content, location, and custodian of any electronically stored information (ESI) relevant to this Action, including but not limited to e-mails, text messages, and social-media posts.

Interrogatory No. 16

State whether You contend Plaintiff was comparatively at fault and, if so, specify the acts or omissions constituting such alleged fault.

Interrogatory No. 17

Identify all Persons known to You who were present at or within the vicinity of the incident described in the Complaint at the time it occurred.

Interrogatory No. 18

Describe any repairs, alterations, or modifications made to the property or equipment involved in the incident, including dates, reasons, and Persons responsible.

Interrogatory No. 19

Identify any governmental investigations, citations, or regulatory actions arising out of the events alleged in the Complaint.

Interrogatory No. 20

State with specificity every factual basis on which You rely for Your contention that Plaintiff’s alleged injuries are attributable to any pre-existing condition.

Interrogatory No. 21

Identify any photographs, videos, diagrams, or other visual depictions of the scene, individuals, or objects relevant to this Action.

Interrogatory No. 22

State the date, time, and substance of any statements You attribute to Plaintiff regarding the incident or alleged damages.

Interrogatory No. 23

Describe any surveillance (audio, video, or otherwise) conducted on Plaintiff, including date, location, and Persons involved.

Interrogatory No. 24

Identify each social-media account maintained by You that relates to or references the events in this Action, and describe the nature of each reference.

Interrogatory No. 25

State all facts supporting any contention that Plaintiff failed to comply with any condition precedent, contractual obligation, or statutory requirement relevant to the claims asserted.

5. VERIFICATION (FORM)

I, ________________________________, being first duly sworn upon oath, state that I am the [TITLE/POSITION] of [DEFENDANT] in the above-entitled Action; that I have read the foregoing Answers to Interrogatories; and that the answers contained therein are true and correct to the best of my knowledge, information, and belief.

Date: ___________________, 20___

________________________________________
[NAME]
[POSITION/TITLE]
On behalf of [DEFENDANT]

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

________________________________________
Notary Public for the State of ______________
My Commission Expires: _________________

6. CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of __________, 20___, a true and correct copy of the foregoing Plaintiff’s First Set of Interrogatories to Defendant was served upon counsel for Defendant by the method indicated below:

☐ U.S. Mail  ☐ E-Mail  ☐ Hand Delivery  ☐ E-Filing/CM-ECF
to:
[DEFENSE COUNSEL NAME]
[LAW FIRM]
[ADDRESS]
[EMAIL]

________________________________________
[PLAINTIFF’S COUNSEL NAME]
Attorney for Plaintiff