State Court Discovery - Interrogatories - North Dakota

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. Defendant must serve answers and any objections within thirty (30) days after service of these Interrogatories, but Defendant is not required to serve them before forty-five (45) days after service of the summons and complaint. A court order or written stipulation under Rule 29 may set a shorter or longer time. See N.D.R.Civ.P. 33(b)(2).

This set contains twenty-five numbered Interrogatories. Before service, counsel must count every discrete subpart under Rule 33(a)(3); a subpart is not counted separately only when it is logically or factually subsumed within and necessarily related to the primary question. Unless the parties stipulate or the Court orders otherwise, no party may serve more than fifty interrogatories on another party.

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” include the documents and electronically stored information described in N.D.R.Civ.P. 34(a)(1)(A), subject to the scope and limits of Rule 26(b).

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. “You” and “Your” refer to the party to whom these Interrogatories are directed. “Plaintiff” and “Defendant” retain the roles shown in the caption. For an organization, answers must be made by an officer or agent who furnishes the nonprivileged information available to the organization under Rule 33(b)(1)(B).

3. GENERAL INSTRUCTIONS

1. Answer each Interrogatory separately and fully in writing under oath, using nonprivileged information reasonably available to You. Restate each Interrogatory immediately before its answer. The person making the answers must sign them. See N.D.R.Civ.P. 33(b)(1), (3), and (5).
2. If You object to an Interrogatory, state each ground with specificity and answer the portion that is not objectionable. A ground omitted from a timely objection is waived unless the Court excuses the failure for good cause. See N.D.R.Civ.P. 33(b)(4).
3. When withholding otherwise discoverable information as privileged or trial-preparation material, expressly make the claim and describe the nature of what is withheld, without revealing protected information, sufficiently to allow other parties to assess the claim. See N.D.R.Civ.P. 26(b)(5).
4. You must supplement or correct an answer in a timely manner if You learn that it is materially incomplete or incorrect and the additional or corrective information has not otherwise been made known during discovery or in writing, or as the Court orders. 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. Use each term according to its ordinary meaning and read singular or plural usage as the context reasonably requires. Do not expand a request beyond the scope permitted by Rule 26(b).

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

Identify each expert witness You expect to call at trial; state the subject matter on which the expert is expected to testify, the substance of the facts and opinions expected, and a summary of the grounds for each opinion. See N.D.R.Civ.P. 26(b)(4)(A)(i).

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)

Rule 33(b)(3) and (5) require answers to be made in writing under oath and signed by the person making them. For an organization, Rule 33(b)(1)(B) permits an officer or agent to answer by furnishing the information available to the organization. Counsel must adapt this block to the responding party and the authorized oath procedure.

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 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 on counsel for Defendant by the method checked below. Under N.D.R.Civ.P. 5(d)(3), discovery materials must not be filed with the clerk unless submitted for a pending motion, ordered filed, or certified as necessary for safekeeping. Because an unfiled discovery request is served under Rule 5(b)(3), electronic service requires the recipient's written consent.

☐ Hand delivery

☐ U.S. Mail to the last known address

☐ Third-party commercial carrier to the last known address

☐ Electronic means with the recipient's prior written consent

to:
[DEFENSE COUNSEL NAME]
[LAW FIRM]
[ADDRESS]
[EMAIL]

________________________________________
[PLAINTIFF’S COUNSEL NAME]
Attorney for Plaintiff
Address: [________________________________]
Electronic service address: [________________________________]
Telephone: [________________________________]
State Board of Law Examiners ID No.: [________________________________]

SOURCES AND REFERENCES

• N.D.R.Civ.P. 5 — Service and Filing of Pleadings and Other Documents
• N.D.R.Civ.P. 26 — General Provisions Governing Discovery
• N.D.R.Civ.P. 33 — Interrogatories to Parties
• N.D.R.Civ.P. 34 — Producing Documents, ESI, Tangible Things, or Entry onto Land