New Hampshire State Court Discovery Interrogatories

STATE OF NEW HAMPSHIRE

[________________________________] SUPERIOR COURT

Docket No.: [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

ATTORNEY INFORMATION

Propounding Attorney:

Date of Service: [__/__/____]

I. INTRODUCTORY STATEMENT

Pursuant to New Hampshire Superior Court Rules ("N.H. Super. Ct. R.") 21 and 23, Plaintiff [________________________________] hereby propounds the following Interrogatories upon Defendant [________________________________], to be answered fully, separately, in writing, and under oath.

Response Deadline

Under N.H. Super. Ct. R. 23(i), Defendant must serve sworn written answers upon the Plaintiff within thirty (30) days after service of these Interrogatories. The parties may extend this period by written agreement. If Defendant objects to any Interrogatory, Plaintiff may file a motion to compel, and the Court shall direct the time for response.

Interrogatory Limit

This First Set consists of twenty-five (25) interrogatories, inclusive of discrete subparts. Under New Hampshire Superior Court practice, parties may serve interrogatories without a fixed statutory cap, but the Court retains discretion to limit interrogatories that are unreasonably cumulative, duplicative, or disproportionate to the needs of the case. See N.H. Super. Ct. R. 21(b).

Continuing Obligation

These Interrogatories are continuing in nature. Defendant must reasonably supplement or correct responses whenever additional or corrective information becomes available, in accordance with N.H. Super. Ct. R. 21(e).

II. DEFINITIONS

For purposes of these Interrogatories, the following terms shall have the meanings set forth below:

1. "You," "Your," or "Defendant" means [________________________________], including all present and former parents, subsidiaries, affiliates, divisions, officers, directors, managers, members, employees, agents, representatives, attorneys, and all other persons or entities acting or purporting to act on Defendant's behalf.

2. "Plaintiff" means [________________________________], including its agents, representatives, and attorneys.

3. "Document" or "Documents" means any recorded information, whether paper, electronic, or other tangible form, within the scope of N.H. Super. Ct. R. 21, including electronically stored information ("ESI"), writings, drawings, graphs, charts, photographs, sound recordings, images, metadata, and other data or data compilations stored in any medium from which information can be obtained. This includes drafts and non-identical copies.

4. "Communication" means any transmission or exchange of information by any means, whether oral, written, or electronic, including but not limited to letters, memoranda, emails, text messages, instant messages, voicemails, social media messages, telephone conversations, and in-person discussions.

5. "Identify" when used with respect to:

• (a) A natural person -- state the person's full legal name, present or last-known home and business addresses, telephone number(s), email address(es), present or last-known employer and job title, and the person's relationship to any party in this action.
• (b) A business or other entity -- state its full legal name, form of organization, jurisdiction of formation, address of its principal place of business, and the identity of the individual(s) most knowledgeable about the subject matter in question.
• (c) A document -- state its title, date, author(s), addressee(s), recipient(s), type (e.g., email, contract, memorandum), general subject matter, and the identity of its present custodian.

6. "Incident" means the events, acts, omissions, and circumstances giving rise to this action, as described in the Complaint.

7. "Relevant Period" means the time period from [__/__/____] through the present, unless otherwise specified in an individual Interrogatory.

8. "Person" means any natural person, corporation, limited liability company, partnership, association, governmental body, or any other legal entity.

9. "Injury" includes economic, reputational, physical, emotional, or other harm alleged in the pleadings.

10. "Concerning" or "Relating to" means referring to, describing, evidencing, constituting, mentioning, reflecting, connected with, commenting on, regarding, or pertaining to, in whole or in part.

III. INSTRUCTIONS

1. Answer each Interrogatory separately and fully, in writing and under oath, pursuant to N.H. Super. Ct. R. 23. Each answer must be preceded by a restatement of the full text of the Interrogatory to which it responds.

2. If any Interrogatory is objected to in whole or in part, state with specificity the grounds for each objection and respond to the Interrogatory to the extent it is not objectionable.

3. If You withhold any information on the basis of attorney-client privilege, work-product doctrine, or any other privilege or protection, You must: (i) expressly identify the privilege claimed; and (ii) produce a privilege log that complies with N.H. Super. Ct. R. 21(b)(5), identifying the nature of the Document, its date, author(s), recipient(s), general subject matter, and the specific privilege asserted.

4. Whenever knowledge or information contained in an answer is not within Your personal knowledge, identify the person(s) who possess such knowledge and state the source of the information provided.

5. An answer stating that You lack sufficient information or knowledge to respond must detail the efforts made to obtain the information.

6. These Interrogatories are deemed continuing. If You obtain additional responsive information after serving Your answers, You must promptly supplement or correct responses in accordance with N.H. Super. Ct. R. 21(e).

7. The singular shall include the plural and vice versa; the masculine shall include the feminine and neuter and vice versa; "and" shall include "or" and vice versa, as necessary to make each Interrogatory inclusive rather than exclusive.

8. Unless otherwise specified, these Interrogatories cover the Relevant Period defined above.

9. Where an Interrogatory asks You to "identify" or "describe," provide all information within Your possession, custody, or control, including information held by Your agents, employees, accountants, or attorneys (except information protected by valid privilege).

10. These Interrogatories serve as a formal reminder of Your common-law and rule-based obligations to preserve all Documents and ESI relevant to this action.

IV. INTERROGATORIES

Interrogatory No. 1:
Identify every person who participated in preparing, reviewing, or supplying information for the answers to these Interrogatories, and describe each person's role and the specific Interrogatories for which each person provided information.

Interrogatory No. 2:
Describe in detail the factual basis for each affirmative defense asserted in Your Answer, including identification of every fact, Document, and witness upon which You rely to support each defense.

Interrogatory No. 3:
Identify all persons known to You who have knowledge of any facts relevant to the claims or defenses in this action, and for each such person state: (a) their full name and contact information; (b) the subject matter(s) of their knowledge; and (c) whether they were a percipient witness to any specific event described in the pleadings.

Interrogatory No. 4:
Describe with particularity each Communication between You and Plaintiff (or Plaintiff's agents or representatives) Concerning the claims in this action, stating for each Communication: (a) the date; (b) all participants; (c) the medium (e.g., email, telephone, in-person); and (d) the substance.

Interrogatory No. 5:
Identify all Documents that You contend support Your denial of liability in this action, stating for each Document: (a) the title or description; (b) the date; (c) the author; and (d) the present custodian.

Interrogatory No. 6:
State the total amount of damages, costs, or expenses You contend were caused by Plaintiff, itemizing each element of damage and the method of calculation for each element.

Interrogatory No. 7:
Describe Your document retention and destruction policies in effect during the Relevant Period, including: (a) the types of Documents subject to scheduled destruction; (b) the applicable retention periods; (c) any changes made to such policies after litigation was anticipated; and (d) whether a litigation hold was issued, and if so, the date, scope, and identity of the person who issued it.

Interrogatory No. 8:
Identify all insurance agreements (including primary, excess, umbrella, and surplus lines policies) under which any insurer may be liable to satisfy part or all of a judgment in this action or to indemnify or reimburse You. For each policy, state: (a) the name and address of the insurer; (b) the policy number; (c) the policy period; (d) the per-occurrence and aggregate limits of liability; and (e) any applicable exclusions or deductibles.

Interrogatory No. 9:
Describe each instance within the past ten (10) years in which You have been a party to litigation, arbitration, or administrative proceedings involving claims similar to those asserted in this action, stating for each: (a) the court or tribunal; (b) the case caption and docket number; (c) the nature of the claims; and (d) the final disposition.

Interrogatory No. 10:
Identify each expert witness You have retained or expect to call at trial, and for each expert state: (a) the expert's full name, business address, and qualifications; (b) the subject matter on which the expert is expected to testify; (c) the opinions the expert is expected to offer; and (d) the bases and reasons for each opinion.

Interrogatory No. 11:
State the date, time, and place of each meeting or discussion between You and any third party Concerning the circumstances alleged in the Complaint, and for each such meeting identify: (a) all participants; (b) the subject matter discussed; and (c) any Documents exchanged or created.

Interrogatory No. 12:
Describe in detail any investigation You conducted or caused to be conducted regarding the allegations in the Complaint, including: (a) the person(s) who directed the investigation; (b) the dates the investigation was conducted; (c) each person interviewed; and (d) whether any written or recorded statements were obtained.

Interrogatory No. 13:
Identify all social media accounts maintained by You or Your agents that contain posts, messages, photographs, videos, or other media Concerning the matters alleged in the Complaint, identifying the platform, account name, and date ranges of relevant content.

Interrogatory No. 14:
State all facts supporting any contention that Plaintiff's alleged Injuries were caused in whole or in part by the acts or omissions of third parties. For each third party, identify the person or entity and describe the specific acts or omissions attributed to that third party.

Interrogatory No. 15:
Identify each Document You intend to introduce as an exhibit at trial and state the purpose for which each Document will be offered.

Interrogatory No. 16:
State the precise timeline of events on [__/__/____] (or during the period [________________________________]), including each participant's actions, the sequence and timing of events, and the location of each event.

Interrogatory No. 17:
Identify all electronic devices (including computers, smartphones, tablets, servers, and external storage media) in Your possession, custody, or control that contain or may contain Documents or ESI relevant to the claims or defenses in this action. For each device, describe the steps taken to preserve the data stored thereon.

Interrogatory No. 18:
Describe all steps taken by You to locate, collect, and preserve responsive Documents and ESI, including any search terms used, custodians searched, and date ranges applied.

Interrogatory No. 19:
State the factual basis for any contention that Plaintiff failed to mitigate damages, identifying all facts, witnesses, and Documents supporting that contention.

Interrogatory No. 20:
Identify any surveillance recordings, photographs, or videos taken by You or on Your behalf that relate to Plaintiff, the Incident, or the claims in this action, stating for each: (a) the date created; (b) the creator; (c) the subject matter; and (d) the present custodian.

Interrogatory No. 21:
Describe all safety protocols, guidelines, policies, procedures, or industry standards applicable at the time of the Incident and state whether each was followed. For each protocol not followed, explain the reason.

Interrogatory No. 22:
State whether You contend that any statute of limitations or statute of repose bars any of Plaintiff's claims, and if so, describe the factual basis for that contention, including the specific statute relied upon and the date You contend the limitations period commenced.

Interrogatory No. 23:
Identify each person You expect to call as a witness at trial (both fact and expert witnesses) and for each witness summarize the substance of the expected testimony.

Interrogatory No. 24:
Describe all steps taken by You to preserve evidence after You reasonably anticipated that litigation would be filed, including the date preservation efforts began, the person(s) responsible, and the scope of the preservation.

Interrogatory No. 25:
State whether You have entered into any settlement, release, or indemnity agreement with any person or entity Concerning the claims or subject matter of this action, and if so, for each such agreement identify: (a) the parties; (b) the date; (c) the general terms (without disclosing privileged settlement communications); and (d) whether the agreement affects any claim or defense in this action.

V. CASE-SPECIFIC INTERROGATORIES

The following blank interrogatories are provided for additional case-specific questions.

Interrogatory No. 26:
[________________________________]

Interrogatory No. 27:
[________________________________]

Interrogatory No. 28:
[________________________________]

Interrogatory No. 29:
[________________________________]

Interrogatory No. 30:
[________________________________]

VI. VERIFICATION

VERIFICATION OF DEFENDANT'S ANSWERS

(To be completed by the responding party when answering)

I, [________________________________], being duly sworn, depose and state that:

☐ I am the Defendant in the above-captioned action.

☐ I am the [________________________________] (title/position) of Defendant [________________________________] and am duly authorized to make this verification on Defendant's behalf.

I have read the foregoing Answers to Plaintiff's First Set of Interrogatories and know the contents thereof. The answers are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]
Printed Name: [________________________________]
Title/Position: [________________________________]
Date: [__/__/____]

NOTARIZATION

STATE OF NEW HAMPSHIRE
COUNTY OF [________________________________]

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

Signature: [________________________________]
Notary Public / Justice of the Peace
My Commission Expires: [__/__/____]

VII. CERTIFICATE OF SERVICE

Pursuant to N.H. Super. Ct. R. 6, I hereby certify that on [__/__/____], a copy of the foregoing Plaintiff's First Set of Interrogatories to Defendant was served upon counsel of record for Defendant by the method indicated below:

Method of Service:

☐ Electronic filing and notification through the Court's e-filing system
☐ Email to counsel of record
☐ First-class United States mail, postage prepaid
☐ Hand delivery
☐ Certified mail, return receipt requested
☐ Other: [________________________________]

Served Upon:

[________________________________], Esq.
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
NH Bar ID No.: [________________________________]

Signature: [________________________________]
[________________________________], Esq.
Counsel for Plaintiff
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
NH Bar ID No.: [________________________________]

VIII. PRACTICE NOTES

A. New Hampshire-Specific Discovery Considerations

1. Governing Rules. New Hampshire Superior Court discovery is governed by the Superior Court Rules, not the Federal Rules of Civil Procedure. Interrogatories are addressed in N.H. Super. Ct. R. 23, not Rule 33 (which covers arbitration in New Hampshire). General discovery provisions are in N.H. Super. Ct. R. 21.

2. No Fixed Numerical Cap. Unlike many jurisdictions, the New Hampshire Superior Court Rules do not impose a specific fixed numerical limit on interrogatories. However, the Court retains broad discretion under N.H. Super. Ct. R. 21 and 26 to limit discovery that is unreasonably cumulative, duplicative, or disproportionate to the needs of the case.

3. Response Deadline. Under N.H. Super. Ct. R. 23(i), answers are due within 30 days after service. The parties may extend this period by written agreement without court approval.

4. Restatement Requirement. N.H. Super. Ct. R. 23 requires that each interrogatory be restated in full before each answer. Failure to restate may result in the court rejecting the responses.

5. Motions to Compel. If Defendant fails to answer or provides inadequate answers, Plaintiff may file a motion to compel under N.H. Super. Ct. R. 28. The Court may impose sanctions for failure to comply with discovery obligations, including attorney's fees, adverse inferences, or default.

6. Duty to Supplement. N.H. Super. Ct. R. 21(e) imposes a continuing duty to supplement responses when the responding party learns that a prior answer was incomplete or incorrect.

7. Privilege Logs. When withholding information based on privilege, the responding party must produce a privilege log compliant with N.H. Super. Ct. R. 21(b)(5), identifying each withheld document or communication with sufficient detail for assessment.

8. Circuit Court -- District Division. If the case is in the Circuit Court -- District Division rather than Superior Court, different rules apply. District Division discovery is governed by Circuit Court Rule 3.22 (Depositions and Discovery) and Rule 3.23 (Written Interrogatories). Verify which court division governs the case and apply the corresponding rules.

B. Court-Specific Filing Notes

9. Electronic Filing. New Hampshire Superior Court uses electronic filing through the NH E-Court system. Verify whether electronic filing is mandatory in the applicable county and ensure compliance with e-filing formatting requirements. Discovery documents are generally not filed with the court unless attached to a motion.

10. County-Specific Administrative Orders. Individual county superior courts may issue administrative orders that modify statewide discovery deadlines or impose additional requirements. Check for any applicable county-specific orders.

11. Structuring Orders. Review any applicable structuring order or case management plan for discovery deadlines that may differ from the default rule timelines.

IX. SOURCES AND REFERENCES

• New Hampshire Superior Court Rule 21 -- Discovery; General Provisions
• New Hampshire Superior Court Rule 23 -- Written Interrogatories
• New Hampshire Superior Court Rule 26 -- Protective Orders
• New Hampshire Superior Court Rule 28 -- Failure to Make Discovery; Sanctions
• New Hampshire Circuit Court Rule 3.23 -- Written Interrogatories (District Division)
• New Hampshire Revised Statutes Annotated Chapter 516 -- Witnesses; Evidence
• New Hampshire Judicial Branch Official Website: https://www.courts.nh.gov
• N.H. Super. Ct. R. 23 Full Text: https://www.courts.nh.gov/rules-superior-court-state-new-hampshire/civil-rules/rule-23-written-interrogatories
• N.H. Superior Court Rules Index: https://www.courts.nh.gov/rules-superior-court-state-new-hampshire

This template is designed for use in New Hampshire Superior Court. For cases in the Circuit Court -- District Division, practitioners must use the applicable Circuit Court Rules (including Rule 3.23). Verify all rule citations, confirm any applicable county-specific administrative orders, and tailor interrogatories to the specific claims and defenses at issue.