New Jersey State Court Discovery Interrogatories

NEW JERSEY STATE COURT DISCOVERY INTERROGATORIES

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION — [________________________________] COUNTY

[________________________________],

Plaintiff,

v.

Docket No.: [________________________________]

[________________________________],

Defendant.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT [________________________________]

ATTORNEY INFORMATION

TABLE OF CONTENTS

1. Introductory Statement and Rule 4:17 Certification
2. Case Track Designation
3. Definitions
4. Instructions
5. General Interrogatories (Nos. 1-15)
6. Case-Specific Interrogatories
7. Verification / Certification
8. Attorney Signature Block
9. Certificate of Service
10. Practice Notes
11. Sources and References

I. INTRODUCTORY STATEMENT AND RULE 4:17 CERTIFICATION

Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, hereby propounds the following Interrogatories upon Defendant, [________________________________] ("Defendant"), pursuant to New Jersey Court Rule 4:17.

Nature of Interrogatories. These are ☐ non-uniform interrogatories / ☐ supplemental interrogatories propounded in addition to the applicable Uniform Interrogatories prescribed by Appendix II of the New Jersey Court Rules.

Response Deadline. Pursuant to N.J. Ct. R. 4:17-4(b), Defendant must serve written, verified answers and any objections within sixty (60) days after service of these Interrogatories. For cases subject to Uniform Interrogatory requirements, the response deadlines set forth in N.J. Ct. R. 4:17-4(a) apply.

Interrogatory Limits — Certification. The Propounding Party certifies the following:

☐ This action is not subject to the Uniform Interrogatory requirements of N.J. Ct. R. 4:17-1(b)(1). There is no numerical limit on interrogatories except as required to protect the party from annoyance, expense, embarrassment, or oppression under N.J. Ct. R. 4:10-3.

☐ This action is subject to Uniform Interrogatory requirements (personal injury, automobile property damage, products liability [non-pharmaceutical/non-toxic tort], or medical malpractice). In addition to Uniform Interrogatories (Forms A, B, and/or C, Appendix II), each party may propound up to ten (10) supplemental questions without subparts without leave of court. See N.J. Ct. R. 4:17-1(b)(1).

☐ This action is pending in the Special Civil Part (not Small Claims Section). Each party is limited to five (5) questions without parts, with a 30-day period for service and answering. See N.J. Ct. R. 6:4-3(b).

Continuing Obligation. Defendant has a continuing obligation to seasonably amend or supplement answers in accordance with N.J. Ct. R. 4:17-7.

II. CASE TRACK DESIGNATION

Pursuant to N.J. Ct. R. 4:5-1, this action has been assigned to the following track (check one):

☐ Track I — Expedited (e.g., auto negligence cases with only soft tissue injuries)

☐ Track II — Standard

☐ Track III — Complex

☐ Track IV — Special management

☐ Not yet assigned

Discovery end date per Case Management Order: [__/__/____]

III. DEFINITIONS

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

A. "Action" means the above-captioned lawsuit pending in the Superior Court of New Jersey, Law Division, [________________________________] County.

B. "Communication" means any oral, written, or electronic transmission of information, including but not limited to letters, memoranda, emails, text messages, instant messages, social media posts or direct messages, voicemails, telephone calls, facsimiles, video conferences, and face-to-face conversations.

C. "Concerning," "Relating to," or "Regarding" means directly or indirectly mentioning, referencing, describing, reflecting, evidencing, constituting, or in any way pertaining to the identified subject matter.

D. "Document" has the broadest meaning allowable under N.J. Ct. R. 4:10-2 and includes all writings, drawings, graphs, charts, photographs, sound recordings, images, electronically stored information ("ESI"), and other data compilations stored in any medium from which information can be obtained.

E. "Identify" or "Identification" means:

• (i) For a natural person: state full legal name, all known aliases, present or last-known residential address, telephone number, email address, current employer and position, and relationship to the parties;
• (ii) For a business entity: state the full legal name, form of organization, principal place of business address, and the nature of the entity;
• (iii) For a document: state the title or description, date, author(s), recipient(s), type (e.g., email, letter, report), and present custodian or location.

F. "Incident" means the events, occurrences, transactions, or omissions giving rise to this litigation as described in the Complaint.

G. "Person" means any natural person, corporation, limited liability company, partnership, joint venture, association, governmental entity, or any other legal or business entity.

H. "You," "Your," or "Defendant" means [________________________________], together with all present and former officers, directors, employees, agents, representatives, insurers, attorneys, experts, subsidiaries, affiliates, and any other Person acting or purporting to act on behalf of Defendant.

IV. INSTRUCTIONS

1. Answering Under Oath. Each Interrogatory must be answered separately and completely, in writing, under oath or certification. Answers shall be signed by the responding party in accordance with N.J. Ct. R. 4:17-4.

2. Form of Answers. Each answer must restate the full text of the corresponding Interrogatory immediately before the response. Answers must be complete, responsive, and not evasive.

3. Objections. All objections must be stated with specificity, setting forth the particular grounds for each objection. If an Interrogatory is objectionable in part, Defendant must answer the non-objectionable portion and state the specific grounds for partial objection. Boilerplate or generalized objections are not permitted.

4. Privilege Log. When asserting a claim of privilege or work-product protection, Defendant must provide the information required by N.J. Ct. R. 4:10-2(e), including a privilege log sufficient to enable other parties to assess the claim without revealing the privileged information.

5. Supplementation. Defendant has a continuing obligation to seasonably amend or supplement answers in accordance with N.J. Ct. R. 4:17-7. Supplemental answers shall be served promptly upon receipt of new, different, or additional responsive information.

6. Rules of Construction. All terms shall be construed to bring within the scope of the interrogatory any information that might otherwise be construed to be outside its scope. The singular includes the plural and vice versa. The connectives "and" and "or" shall be construed disjunctively or conjunctively as necessary. "Including" means "including but not limited to."

7. Time Period. Unless otherwise specified, each Interrogatory covers the period from [__/__/____] through the date of Defendant's response.

8. Option to Produce Business Records. Where the answer may be derived from business records and the burden of deriving the answer is substantially the same for either party, Defendant may specify and produce the records in lieu of a narrative answer. See N.J. Ct. R. 4:17-4(d).

V. GENERAL INTERROGATORIES

INTERROGATORY NO. 1: Fact Witnesses

Identify every Person You believe has knowledge of any facts relevant to the claims or defenses in this Action, and for each such Person, describe the subject matter of the knowledge You attribute to him or her.

INTERROGATORY NO. 2: Insurance Coverage

State whether You are aware of any insurance agreement under which any insurance business may be liable to satisfy all or part of a judgment that may be entered in this Action or to indemnify or reimburse for payments made to satisfy the judgment. If so, identify each such agreement, including: (a) the insurer's name; (b) the policy number; (c) the limits of liability; (d) any deductibles or self-insured retentions; and (e) any reservation-of-rights positions taken.

INTERROGATORY NO. 3: Factual Basis of Affirmative Defenses

For each affirmative defense pleaded in Your Answer, state all facts, Documents, and witnesses that support that defense.

INTERROGATORY NO. 4: Factual Basis of Denials

For each allegation of the Complaint that You denied in Your Answer, state the factual and legal basis for Your denial.

INTERROGATORY NO. 5: Description of Incident

Describe in detail Your version of the Incident, including the date, time, location, sequence of events, all Persons present, and all conditions or circumstances You believe are relevant.

INTERROGATORY NO. 6: Damages

Describe each category of damages You claim in this Action (if any counterclaim or cross-claim is asserted), including the method of computation for each category and all Documents supporting each computation.

INTERROGATORY NO. 7: Expert Witnesses

Identify each Person You expect to call as an expert witness at trial and for each provide: (a) the subject matter of testimony; (b) a summary of opinions; (c) the factual bases for each opinion; (d) qualifications; and (e) compensation arrangements.

INTERROGATORY NO. 8: Prior Claims and Litigation

List all lawsuits, claims, arbitrations, or administrative proceedings in the past ten (10) years to which You have been a party that relate to the same or similar subject matter as this Action. For each, state: (a) the caption; (b) the docket number; (c) the court or agency; (d) the nature of the claims; and (e) the disposition.

INTERROGATORY NO. 9: Contracts and Agreements

Identify and describe all contracts, agreements, or understandings (written or oral) that relate to the subject matter of this Action, stating for each: (a) the parties; (b) the date; (c) the subject matter; and (d) the present custodian.

INTERROGATORY NO. 10: Electronic Data Sources

Identify all sources of electronically stored information reasonably likely to contain material responsive to discovery in this Action, including but not limited to email servers, network drives, cloud repositories, mobile devices, and social media accounts. For each, specify: (a) the custodian(s); (b) date ranges; and (c) data types.

INTERROGATORY NO. 11: Photographs and Recordings

Identify all photographs, videos, audio recordings, or other media that relate to any fact alleged in the pleadings. For each, state: (a) the date created; (b) the creator; (c) the subject matter; and (d) the present custodian.

INTERROGATORY NO. 12: Communications with Plaintiff

Identify all Communications between You and Plaintiff (or Plaintiff's agents or representatives) Concerning the subject matter of this Action. For each, state: (a) the date; (b) the participants; (c) the medium; and (d) the substance.

INTERROGATORY NO. 13: Document Preservation

Describe all efforts undertaken to preserve evidence relevant to this Action, including: (a) the date of any litigation hold; (b) the Person(s) responsible for oversight; (c) the scope of preserved data; and (d) whether any potentially responsive information has been lost, destroyed, or deleted, and if so, the circumstances.

INTERROGATORY NO. 14: Persons Preparing Answers

Identify every Person who assisted in the preparation of Your responses to these Interrogatories, specifying the interrogatories for which each Person provided information.

INTERROGATORY NO. 15: Liability Denial

If You deny liability in whole or in part, state the precise legal and factual bases for such denial, and identify all Documents and witnesses supporting Your position.

VI. CASE-SPECIFIC INTERROGATORIES

The following blank interrogatories are provided for attorney customization. For cases subject to Uniform Interrogatory requirements, no more than ten (10) supplemental questions (without subparts) are permitted without leave of court. See N.J. Ct. R. 4:17-1(b)(1).

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

INTERROGATORY NO. [____]:

[________________________________]

VII. VERIFICATION / CERTIFICATION

Instructions to Responding Party: N.J. Ct. R. 4:17-4 requires that answers to interrogatories be verified by the responding party. Answers may be made under oath or by certification pursuant to N.J.S.A. 2A:15-56.1 (certification in lieu of oath).

Option A: Certification in Lieu of Oath (R. 1:4-4(b))

I, [________________________________], certify that I am the ☐ individual party / ☐ [________________________________] (title/position) of [________________________________] (entity name); that I have read the foregoing Answers to Interrogatories; that the answers are true and complete to the best of my knowledge, information, and belief; and that I understand my continuing duty to supplement these answers as required by the New Jersey Court Rules.

I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Date: [__/__/____]

Signature: [________________________________]

Printed Name: [________________________________]

Title/Position (if entity): [________________________________]

Option B: Sworn Verification

STATE OF NEW JERSEY

COUNTY OF [________________________________]

I, [________________________________], being duly sworn, depose and say that I have read the foregoing Answers to Interrogatories and that the answers are true and complete to the best of my knowledge, information, and belief.

Signature: [________________________________]

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

Notary Public: [________________________________]

My Commission Expires: [__/__/____]

VIII. ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

Signature: [________________________________]

[________________________________], Esq.
NJ Attorney ID No. [________________________________]
[________________________________] (Firm)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Facsimile)
[________________________________] (Email)
Attorney for Plaintiff [________________________________]

Date: [__/__/____]

IX. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Plaintiff's First Set of Interrogatories to Defendant to be served upon all counsel of record via the method(s) indicated below, in accordance with the New Jersey Court Rules:

Method of Service:

☐ eCourts / New Jersey Electronic Filing and Service

☐ United States First-Class Mail, postage prepaid

☐ Hand Delivery

☐ Email (by consent)

☐ Facsimile

☐ Certified Mail, Return Receipt Requested

☐ Other: [________________________________]

Served Upon:

Signature: [________________________________]

[________________________________], Esq.

X. PRACTICE NOTES

1. Uniform vs. Non-Uniform Interrogatories. New Jersey distinguishes between Uniform Interrogatories (Forms A, B, and C, Appendix II) and non-uniform (supplemental) interrogatories. In personal injury, auto property damage, products liability (non-pharmaceutical/non-toxic tort), and medical malpractice cases, parties are limited to Uniform Interrogatories plus ten supplemental questions without subparts. N.J. Ct. R. 4:17-1(b)(1). In all other civil cases, there is no numerical limit except as required by protective order.

2. Response Deadlines. For non-uniform interrogatories, the response deadline is sixty (60) days after service. N.J. Ct. R. 4:17-4(b). For Uniform Interrogatories, plaintiff must serve answers within thirty (30) days after service of the answer, and defendant within sixty (60) days after service of the answer. N.J. Ct. R. 4:17-4(a). In Special Civil Part actions, both the service and answer periods are reduced to thirty (30) days. N.J. Ct. R. 6:4-3(b).

3. Motion to Compel. Unanswered interrogatories may support a motion to compel under N.J. Ct. R. 4:23-5. After the response deadline passes, the propounding party may serve a notice demanding answers within ten (10) days; if answers are still not provided, the propounding party may move to dismiss the answer or suppress the defense.

4. Good Cause for Additional Interrogatories. To propound additional interrogatories beyond the supplemental ten-question limit in cases subject to Uniform Interrogatory requirements, file a motion under N.J. Ct. R. 4:17-1(b)(i) demonstrating good cause.

5. Track Assignment. The applicable discovery track under N.J. Ct. R. 4:5-1 affects discovery deadlines and scope. Confirm the track assignment before propounding discovery.

6. eCourts Electronic Filing. New Jersey's eCourts system is used for electronic filing and service in most counties. Confirm compliance with e-filing requirements.

7. Certification vs. Oath. New Jersey permits certification in lieu of oath under R. 1:4-4(b). This is commonly used and avoids the need for notarization. The certification must include the statutory warning language regarding penalties for false statements.

8. Privilege Log. Failure to provide an adequate privilege log under N.J. Ct. R. 4:10-2(e) may result in waiver. Request a privilege log with the initial discovery demands.

9. Coordinating Discovery. Consider coordinating ESI protocols early to avoid disputes. N.J. Ct. R. 4:10-2(g) addresses ESI discovery specifically.

XI. SOURCES AND REFERENCES

• New Jersey Court Rules 4:5-1, 4:10-2, 4:10-3, 4:17-1, 4:17-2, 4:17-4, 4:17-7, 4:23-5, 6:4-3
• New Jersey Court Rule 1:4-4 (Verification; Certification in Lieu of Oath)
• New Jersey Court Rules, Appendix II (Uniform Interrogatory Forms A, B, C)
• N.J.S.A. 2A:15-56.1 (Certification in Lieu of Oath)
• New Jersey Courts, Rules of Court: https://www.njcourts.gov/attorneys/rules-of-court
• New Jersey Courts, eCourts: https://www.njcourts.gov/attorneys/ecourts
• New Jersey Uniform Interrogatories: https://www.njcourts.gov/sites/default/files/attorneys/rules-of-court/app-ii.pdf
• CourtCaddy, R. 4:17: https://www.courtcaddy.com/nj/court-rules/r4-17.html