State Court Discovery Interrogatories - New Mexico

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

STATE OF NEW MEXICO
COUNTY OF [________________________________]
[________________________________] JUDICIAL DISTRICT COURT

[________________________________],
Plaintiff,

v. No. D-[____]-CV-[____]-[________________________________]

[________________________________],
Defendant.

ATTORNEY INFORMATION — PROPOUNDING PARTY

I. INTRODUCTORY STATEMENT

Pursuant to Rule 1-033 NMRA and the discovery provisions of the New Mexico Rules of Civil Procedure, Plaintiff [________________________________] ("Plaintiff") hereby propounds the following Interrogatories upon Defendant [________________________________] ("Defendant" or "You").

Each Interrogatory must be answered separately and fully in writing, under oath, within thirty (30) days after service hereof, unless the parties stipulate or the Court orders otherwise. If these Interrogatories are served with the Summons and Complaint, the Defendant has forty-five (45) days to respond.

These Interrogatories are continuing in nature. If, after serving answers, you obtain or become aware of additional or different information responsive to any Interrogatory, you are required to supplement your answers promptly and in accordance with Rule 1-026(E) NMRA.

II. DEFINITIONS

For purposes of these Interrogatories, the following terms shall have the meanings set forth below. All definitions apply whether the defined word is capitalized or not, and whether used in the singular or plural form.

1. "Action" means the above-captioned lawsuit and any related proceedings, including all claims, counterclaims, cross-claims, and third-party claims.

2. "Communication" means any oral, written, electronic, or other exchange or transfer of information, including but not limited to conversations, telephone calls, text messages, e-mails, letters, memoranda, facsimiles, social media messages, and video or audio recordings.

3. "Document" or "Documents" means all writings, recordings, photographs, and electronically stored information ("ESI") within the meaning of Rule 1-026 NMRA, including but not limited to: correspondence, memoranda, notes, reports, records, contracts, agreements, invoices, receipts, checks, bank statements, spreadsheets, databases, e-mails, text messages, social media posts, photographs, videos, audio recordings, computer files, metadata, drafts, and any other tangible thing upon which information is recorded or stored, regardless of format or medium.

4. "Describe" means to set forth in complete detail, including the relevant who, what, when, where, why, and how of the matter described.

5. "Identify" (with respect to a natural person) means to state the person's: (a) full legal name; (b) last known residential and business addresses; (c) last known telephone number(s); (d) current employer and job title; and (e) relationship to any party in this Action.

6. "Identify" (with respect to a business entity) means to state the entity's: (a) full legal name; (b) form of organization (corporation, LLC, partnership, etc.); (c) state of formation; (d) principal place of business; and (e) name and title of a knowledgeable representative.

7. "Identify" (with respect to a document) means to state: (a) the type of document (letter, e-mail, report, etc.); (b) the date of the document; (c) the author(s) and recipient(s); (d) the subject matter; (e) the present location and custodian of the document; and (f) whether the document has been produced in this Action.

8. "Incident" or "Occurrence" means the events, acts, omissions, transactions, or circumstances giving rise to the claims and defenses in this Action.

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

10. "Relate to" or "Relating to" means concerning, referring to, describing, evidencing, constituting, reflecting, mentioning, pertaining to, or being in any way logically or factually connected with the matter discussed.

11. "You," "Your," or "Defendant" means [________________________________], including all agents, employees, representatives, officers, directors, affiliates, predecessors, successors, assigns, attorneys (to the extent not privileged), and all other persons acting or purporting to act on behalf of the Defendant.

12. "Plaintiff" means [________________________________], including all agents, employees, and representatives.

III. GENERAL INSTRUCTIONS

1. Duty to Respond. Each Interrogatory must be answered fully and separately in writing under oath by the party to whom it is directed, or by an officer or agent who is competent to testify concerning the matters stated. Rule 1-033(A) NMRA.

2. Time for Response. Answers and objections are due within thirty (30) days after service of these Interrogatories, except that a Defendant served with these Interrogatories concurrently with the Summons and Complaint has forty-five (45) days to respond. Rule 1-033(A) NMRA.

3. Interrogatory Limit. Under Rule 1-033(A) NMRA, the total number of Interrogatories, including all discrete subparts, shall not exceed fifty (50) absent written stipulation or court order. The Interrogatories below, including all subparts, are within this limit. The propounding party has calculated a total of [____] interrogatories including subparts.

4. Form of Answers. Each Interrogatory shall be restated in full immediately before the answer. Rule 1-033(B) NMRA.

5. Form of Objections. Any objection to an Interrogatory shall be stated with specificity and shall set forth all grounds for the objection. Any ground not stated in a timely objection is waived. Rule 1-033(C)(4) NMRA. If an Interrogatory is only partially objectionable, answer the unobjectionable portion and state the objection as to the remainder.

6. Assertion of Privilege. If you withhold information based upon a claim of attorney-client privilege, work-product doctrine, or other protection, you must: (a) expressly assert the privilege; and (b) provide a privilege log that describes the nature of the documents, communications, or tangible things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable Plaintiff to assess the claim of privilege. Rule 1-026(B)(5) NMRA.

7. Continuing Duty to Supplement. You have a continuing obligation to seasonably supplement your responses if you learn that a prior response is incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties. Rule 1-026(E) NMRA.

8. Business Records Option. Where the answer to an Interrogatory may be derived or ascertained from the business records of the answering party, and the burden of deriving or ascertaining the answer is substantially the same for either party, it is a sufficient answer to specify the records from which the answer may be derived and to make those records available for inspection. Rule 1-033(D) NMRA.

9. Incorporation by Reference. These Instructions and Definitions are deemed incorporated into each Interrogatory as if fully set forth therein.

IV. INTERROGATORIES

A. Identification and Background

INTERROGATORY NO. 1: Identify every person who assisted in preparing the answers to these Interrogatories and specify the particular Interrogatories for which each person provided information or assistance.

INTERROGATORY NO. 2: State your full legal name, all prior names or aliases, date of birth, current residential address, current business address, and Social Security number (last four digits only, if applicable to the claims at issue).

INTERROGATORY NO. 3: If the Defendant is a business entity, state:
(a) the full legal name of the entity;
(b) the form of organization (corporation, LLC, partnership, sole proprietorship, etc.);
(c) the state and date of formation or incorporation;
(d) the principal place of business;
(e) all trade names, fictitious business names, or "d/b/a" names used within the past ten (10) years; and
(f) the names, titles, and contact information of all officers, directors, managing members, or general partners.

B. Factual Basis for Defenses

INTERROGATORY NO. 4: State the complete factual basis for each denial in your Answer to the Complaint, including for each denial:
(a) a description of every fact upon which the denial is based;
(b) the identity of every person with knowledge of such facts; and
(c) the identity of every Document that evidences, refers to, or relates to such facts.

INTERROGATORY NO. 5: For each affirmative defense asserted in your Answer, state:
(a) the complete factual basis for the defense;
(b) the identity of every person with knowledge of facts supporting the defense;
(c) the identity of every Document that supports or relates to the defense; and
(d) all legal theories upon which you rely.

INTERROGATORY NO. 6: State all facts upon which you rely to contend that Plaintiff's alleged damages were caused, in whole or in part, by the acts, omissions, or fault of any person or entity other than the Defendant, including:
(a) the identity of each such person or entity;
(b) the specific acts or omissions attributed to each; and
(c) the factual basis for your contention.

C. Witnesses

INTERROGATORY NO. 7: Identify every person known to you who has knowledge of any facts relevant to this Action, including:
(a) full name, address, and telephone number;
(b) current employer and job title;
(c) a summary of the subject matter of their knowledge; and
(d) whether the person is a current or former employee, agent, or representative of the Defendant.

INTERROGATORY NO. 8: Identify every person you intend to call as a witness at the trial of this matter, and for each witness provide:
(a) full name, address, and telephone number;
(b) a summary of the testimony you expect each witness to give; and
(c) whether the witness is a fact witness, character witness, or both.

D. Expert Witnesses

INTERROGATORY NO. 9: Identify each person you expect to call as an expert witness at trial and, for each expert, state:
(a) full name, business address, and telephone number;
(b) field of expertise and qualifications, including education, training, certifications, and publications within the past ten (10) years;
(c) the subject matter on which the expert is expected to testify;
(d) the substance of the facts and opinions to which the expert is expected to testify;
(e) a summary of the grounds for each opinion;
(f) the compensation to be paid to the expert for the study and testimony;
(g) a listing of all other cases in which the expert has testified at trial or by deposition within the preceding four (4) years; and
(h) whether a written report has been prepared by the expert.

INTERROGATORY NO. 10: Identify each person you have consulted as an expert in connection with this Action who is not expected to be called as a witness at trial, but whose opinions you may rely upon at any stage of the proceedings, and state the subject matter of their consultation.

E. Documents and Evidence

INTERROGATORY NO. 11: Identify all Documents you contend support any claim, defense, or counterclaim asserted by you in this Action, and describe the relevance of each Document to the specific claim, defense, or counterclaim.

INTERROGATORY NO. 12: If you contend that any Document produced by the Plaintiff has been altered, forged, or is otherwise inauthentic, identify that Document and state:
(a) the specific alteration, forgery, or defect you allege;
(b) all facts upon which your contention is based; and
(c) the identity of every person with knowledge of such facts.

INTERROGATORY NO. 13: Describe any investigation or incident report prepared concerning the events alleged in the Complaint, including:
(a) the date the investigation was initiated;
(b) the identity of each investigator;
(c) the scope and findings of the investigation;
(d) the current location and custodian of any documents or reports generated; and
(e) whether the investigation is still ongoing.

F. Communications

INTERROGATORY NO. 14: Describe in detail every Communication between you and the Plaintiff (or Plaintiff's agents, employees, or representatives) concerning the subject matter of this Action, including for each Communication:
(a) the date;
(b) the form (oral, written, electronic);
(c) the identity of all participants;
(d) the substance of the Communication; and
(e) whether a recording or written record exists.

INTERROGATORY NO. 15: Describe in detail every Communication between you and any third party concerning the subject matter of this Action, including for each Communication:
(a) the date;
(b) the form (oral, written, electronic);
(c) the identity of all participants;
(d) the substance of the Communication; and
(e) whether a recording or written record exists.

G. Damages

INTERROGATORY NO. 16: For each category of damages that Plaintiff claims, state whether you dispute the claim and, if so, provide:
(a) your specific contention;
(b) the complete factual basis for your dispute;
(c) the identity of every person with knowledge relevant to the damages dispute; and
(d) the identity of every Document that relates to your contention.

INTERROGATORY NO. 17: State the total amount of damages, if any, that you contend the Plaintiff is entitled to recover in this Action, and provide the basis for your calculation, including any offsets, credits, or reductions you assert.

H. Insurance

INTERROGATORY NO. 18: Identify every insurance agreement, policy, or contract under which any person or entity carrying on an 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 such a judgment, including for each:
(a) the name and address of the insurance carrier;
(b) the policy number;
(c) the effective dates of coverage;
(d) the type of coverage;
(e) the policy limits (per occurrence and aggregate);
(f) any applicable deductibles or self-insured retentions; and
(g) whether coverage has been disputed or denied.

I. Prior or Related Claims and Litigation

INTERROGATORY NO. 19: Describe every prior lawsuit, arbitration, administrative proceeding, or legal claim (whether pending or resolved) involving you and the Plaintiff, or involving you and claims substantially similar to those in this Action, including:
(a) the caption and case number;
(b) the court or tribunal;
(c) the nature of the claims;
(d) the disposition or current status; and
(e) the identity of counsel for each party.

J. Electronically Stored Information

INTERROGATORY NO. 20: Describe the electronically stored information ("ESI") systems and data repositories you use or have used that contain information relating to this Action, including:
(a) the types of systems (e-mail, document management, databases, cloud storage, etc.);
(b) the custodians of relevant data;
(c) any document retention or destruction policies applicable to the relevant data;
(d) whether a litigation hold has been implemented, and if so, the date it was issued and its scope; and
(e) whether any relevant ESI has been lost, deleted, or destroyed after the events giving rise to this Action.

K. Additional Case-Specific Interrogatories

Instructions: The following spaces are reserved for case-specific interrogatories. Draft additional interrogatories as needed, but ensure the total number (including all subparts above and below) does not exceed fifty (50) under Rule 1-033(A) NMRA.

INTERROGATORY NO. 21: [________________________________]

INTERROGATORY NO. 22: [________________________________]

INTERROGATORY NO. 23: [________________________________]

INTERROGATORY NO. 24: [________________________________]

INTERROGATORY NO. 25: [________________________________]

V. VERIFICATION

Note: New Mexico permits unsworn declarations under penalty of perjury in lieu of notarization pursuant to NMSA 1978, § 38-6-11.

Option A: Sworn Verification (Notarized)

I, [________________________________], being first duly sworn, state under oath that I am the [________________________________] [title/capacity] of [________________________________] [Defendant name]; that I have read the foregoing Answers to Interrogatories and know the contents thereof; and that the answers are true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

________________________________________
[________________________________]
[________________________________] (Title / Capacity)

State of [________________________________] )
County of [________________________________] ) ss.

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

________________________________________
Notary Public
My Commission Expires: [________________________________]

Option B: Unsworn Declaration Under Penalty of Perjury

I, [________________________________], declare under penalty of perjury under the laws of the State of New Mexico that I am the [________________________________] [title/capacity] of [________________________________] [Defendant name]; that I have read the foregoing Answers to Interrogatories and know the contents thereof; and that the answers are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [________________________________], New Mexico.

________________________________________
[________________________________]
[________________________________] (Title / Capacity)

VI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing Plaintiff's First Set of Interrogatories to Defendant on all counsel of record and unrepresented parties via the following method(s):

☐ NMCEF Electronic Filing and Service — Filed and served electronically through the New Mexico Court Electronic Filing (NMCEF) system to all registered parties.

☐ E-mail — Transmitted to:

☐ U.S. Mail — First-class mail, postage prepaid, addressed to:

[________________________________]
[________________________________]
[________________________________]

☐ Hand Delivery — Personally delivered to:

[________________________________]
[________________________________]

☐ Other method (specify): [________________________________]

________________________________________
[________________________________]
Attorney for Plaintiff
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], New Mexico [____]
Telephone: [________________________________]
E-mail: [________________________________]
NM Bar No. [________________________________]

VII. NEW MEXICO DISCOVERY PRACTICE NOTES

A. Interrogatory Limits and Counting

1. 50-Interrogatory Limit. Under Rule 1-033(A) NMRA, a party may serve up to fifty (50) interrogatories, including all discrete subparts, without leave of court or written stipulation. Each lettered or numbered subpart of an interrogatory counts as a separate interrogatory for purposes of this limit.

2. Leave to Exceed Limit. A party may seek leave of court to serve additional interrogatories beyond the fifty-interrogatory limit. The court will grant leave to the extent consistent with the proportionality principles of Rule 1-026(B)(2) NMRA.

3. Counting Subparts. Practitioners should carefully count each discrete subpart. An interrogatory that asks "State the name, address, and telephone number" of a person is typically counted as one interrogatory with three subparts, counting as three against the limit. Courts vary in their counting methodology; err on the side of conservative counting.

B. Response Requirements

4. 30-Day Response Period. Answers and objections are due within thirty (30) days after service. If served with the Summons and Complaint, the response deadline is forty-five (45) days.

5. Answers Under Oath. All answers must be made under oath by the party or by an officer or agent competent to testify. Rule 1-033(A) NMRA.

6. Restate Each Interrogatory. The answering party must restate each Interrogatory in full immediately before providing the answer. Rule 1-033(B) NMRA.

7. Specificity of Objections. All grounds for objection must be stated with specificity. Any ground not stated in a timely objection is waived. Rule 1-033(C)(4) NMRA.

8. Partial Objections. If an interrogatory is partially objectionable, the answering party must respond to the unobjectionable portion and state the specific objection as to the remainder.

C. Privilege and Work Product

9. Privilege Log Required. If information is withheld on the basis of privilege or work-product protection, the responding party must provide a privilege log compliant with Rule 1-026(B)(5) NMRA that describes the nature of the withheld materials in sufficient detail to permit assessment of the privilege claim.

10. Unsworn Declarations. New Mexico permits unsworn declarations under penalty of perjury as an alternative to notarized verifications, pursuant to NMSA 1978, § 38-6-11.

D. Supplementation and Continuing Obligations

11. Continuing Duty. Under Rule 1-026(E) NMRA, a party who has responded to interrogatories has a continuing duty to seasonably supplement responses if additional or corrective information becomes available.

12. Expert Disclosures. Expert witness information must be supplemented as required by the scheduling order and applicable rules. Failure to timely supplement may result in exclusion of expert testimony.

E. Electronic Filing (NMCEF)

13. Mandatory Electronic Filing. In most New Mexico district courts, electronic filing through the NMCEF system is mandatory. Interrogatories must be filed electronically.

14. Service Through NMCEF. The NMCEF system provides electronic service to all registered parties. Verify that all opposing counsel are registered. Serve non-registered parties by conventional means under Rule 1-005 NMRA.

F. Local Rules

15. Judicial District Local Rules. Individual New Mexico judicial districts may have supplemental local rules regarding discovery. Consult the local rules for the specific judicial district, including any local rules regarding discovery conferences, meet-and-confer requirements, or limitations on discovery.

16. Scheduling Order Provisions. The Court's scheduling order may modify standard discovery deadlines or impose additional requirements. Review the scheduling order carefully before propounding interrogatories.

G. Filing Checklist

☐ Total interrogatories (including subparts) counted and within 50-interrogatory limit

☐ Definitions and instructions included

☐ Case caption includes correct case number format (D-[____]-CV-[____]-[____])

☐ Correct judicial district and county identified

☐ Filed through NMCEF electronic filing system

☐ Served on all parties of record

☐ Certificate of service completed with correct date and method

☐ Calendar response deadline (30 days from service; 45 days if served with Summons/Complaint)

☐ Review scheduling order for any discovery cutoff dates or modifications

☐ Compliance with any applicable protective orders or confidentiality agreements

☐ Copy retained for client file

SOURCES AND REFERENCES

1. New Mexico Rules of Civil Procedure (NMRA) — Full text available through the New Mexico Compilation Commission and the New Mexico Supreme Court website: https://supremecourt.nmcourts.gov
   - Rule 1-005: Service and Filing of Pleadings and Other Papers
   - Rule 1-026: General Provisions Governing Discovery; Duty of Disclosure
   - Rule 1-026(B)(2): Proportionality Limitations
   - Rule 1-026(B)(5): Privilege Log Requirements
   - Rule 1-026(E): Supplementation of Responses
   - Rule 1-033: Interrogatories to Parties (50-interrogatory limit)
   - Rule 1-034: Production of Documents, ESI, and Tangible Things

2. NMSA 1978, § 38-6-11 — Unsworn Declarations Under Penalty of Perjury

3. New Mexico Court Electronic Filing (NMCEF) System — Information available at: https://www.nmcourts.gov

4. Local Rules by Judicial District — Available through individual judicial district websites and the New Mexico Supreme Court website

5. New Mexico State Bar Association — Practice guides and CLE materials on New Mexico civil discovery practice

This template is designed for use in New Mexico District Courts for propounding interrogatories in general civil litigation. It must be reviewed and customized by a licensed New Mexico attorney before service. Carefully count all interrogatories and discrete subparts to ensure compliance with the 50-interrogatory limit under Rule 1-033(A) NMRA. The information contained herein is current as of the date indicated in the frontmatter but may be affected by subsequent rule amendments or legislative changes.