State Court Discovery - Interrogatories - Nebraska

IN THE DISTRICT COURT OF [COUNTY] COUNTY, NEBRASKA

[PLAINTIFF FULL NAME],
  Plaintiff,

v.

[DEFENDANT FULL NAME],
  Defendant.

Case No. [CASE NO.]

_______________________________________________

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

_______________________________________________

TABLE OF CONTENTS

1. Applicability & Governing Authority
2. Preliminary Statement
3. Definitions
4. General Instructions
5. Specific Interrogatories (Nos. 1-__[##]__)
6. Response Formalities
7. Certificate of Service

1. APPLICABILITY & GOVERNING AUTHORITY

These Interrogatories are propounded under the Nebraska Court Rules of Discovery in Civil Cases, particularly Neb. Ct. R. Disc. § 6-333 (Interrogatories to Parties). Section 6-337 now governs failures to disclose or cooperate and sanctions; it is not the interrogatory-numbering rule.

2. PRELIMINARY STATEMENT

Count and deadline control. Before service, enter the governing rule or order [CITATION], cumulative interrogatory count and subpart method [DETAILS], leave, stipulation, or local-limit status [DETAILS], service date and method [DETAILS], response period [DETAILS], and calculated response date [DATE]. This form states no default number or period.

3. DEFINITIONS

For purposes of these Interrogatories, the following terms have the meanings set forth below. All words herein shall be construed to include the plural or singular and the masculine, feminine, or neuter genders as the context requires.

1. “Action” means the above-captioned lawsuit.
2. “Communication” means any oral, written, electronic, or other transfer of information, including without limitation letters, emails, memoranda, text messages, and social-media postings.
3. “Document” has the broadest meaning permitted under Neb. Ct. R. Disc. § 6-334 and includes electronically stored information (“ESI”).
4. “Identify” or “Identity” when referring to a person means to state the person’s full name, present or last-known business and residential addresses, telephone number, and relationship to the parties. When referring to a document, it means to state the title, date, author, recipient, type of document, and present custodian.
5. “Person” means any natural person, corporation, partnership, association, governmental entity, or other legal or business entity.
6. “You” or “Your” refers to Defendant [DEFENDANT NAME], including all present and former agents, employees, officers, directors, representatives, and anyone acting or purporting to act on Defendant’s behalf.

4. GENERAL INSTRUCTIONS

A. Counting of Interrogatories

2. If You believe any Interrogatory or subpart causes the numerical limit to be exceeded, answer the first fifty and specifically identify the Interrogatory(ies) You decline to answer on that basis.

B. Manner of Response

1. Each answer shall be made separately and fully, in writing and under oath, signed by the person making the answer.
2. Answers must be served on counsel for Plaintiff at the address indicated in the Certificate of Service.

C. Objections

1. State each objection with specificity and the grounds therefor.
2. If an objection pertains only to part of an Interrogatory, answer the unobjectionable portion.

D. Privilege & Work-Product

1. If information is withheld as privileged or protected work product, expressly make the claim and describe the nature of the withheld material without revealing the protected information, in a manner that permits assessment of the claim under Neb. Ct. R. Disc. § 6-326(b)(4).

Supplementation control. Apply only the duty supplied by the current governing rule, order, or agreement: [CITATION / TERMS / NONE IDENTIFIED]. Do not label these interrogatories “continuing” or demand supplementation beyond that authority.
Supplement or correct a response in a timely manner when it is materially incomplete or incorrect and the corrective information has not otherwise been made known during discovery or in writing, or as the Court orders, under Neb. Ct. R. Disc. § 6-326(e).

F. Time Period
Unless otherwise indicated, each Interrogatory seeks information from the inception of the relevant events through the present.

5. SPECIFIC INTERROGATORIES

Interrogatory No. 1:
State Your full legal name, all other names You have used, Your present residential address, date of birth, and the last four digits of Your Social Security number.

Interrogatory No. 2:
Identify every Person who assisted, reviewed, or supplied information used in answering these Interrogatories.

Interrogatory No. 3:
Describe in detail Your version of the events giving rise to this Action, including the date, time, location, participants, and sequence of relevant acts or omissions.

Interrogatory No. 4:
Identify all Documents and Communications that support, refute, or otherwise relate to Your answer to Interrogatory No. 3.

Interrogatory No. 5:
State the factual basis for each affirmative defense pled in Your Answer, and Identify all Documents and Persons that support each such defense.

Interrogatory No. 6:
Identify every Person You expect to call as a witness at trial, specifying for each such Person the subject matter of his or her expected testimony.

Interrogatory No. 7:
Itemize and explain in detail each category of damages You claim in this Action, including the method of calculation and the Documents supporting each element.

Interrogatory No. 8:
Identify all insurance agreements under which any Person carrying on an insurance business may be liable to satisfy part or all of a possible judgment in this Action or to indemnify or reimburse for payments made to satisfy any such judgment.

Interrogatory No. 9:
Identify all prior or pending lawsuits, administrative actions, or arbitration proceedings in which You have been a party within the past ten (10) years, including the court or tribunal, caption, case number, nature of the claims, and outcome.

Interrogatory No. 10:
State whether You have destroyed, discarded, or otherwise disposed of any Documents or ESI relating to the matters alleged in the Complaint, and if so, describe the Documents or ESI, the date of destruction, and the reasons therefor.

6. RESPONSE FORMALITIES

This document propounds questions; the responding party prepares the answers and objections. Section 6-333(b) requires each unobjectionable interrogatory to be answered separately and fully in writing under oath. The person making the answers signs them, and the attorney making objections signs the objections. Use the response and oath form accepted by the assigned court; do not treat an unsworn signature block in the request as the responding party's verification.

7. 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 [DEFENDANT NAME] was served upon all counsel of record by:

☐ United States Mail
☐ Hand Delivery
☐ Email (by agreement)
☐ Other: ___________________________________

to:

[OPPOSING COUNSEL NAME]
[LAW FIRM NAME]
[ADDRESS]
[EMAIL]

_____________________________________
[PLAINTIFF’S COUNSEL NAME]
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]

Prepared for use by Nebraska litigation counsel. Customize carefully before service.