STATE OF NEW MEXICO

[___] JUDICIAL DISTRICT COURT

COUNTY OF [COUNTY]

[PLAINTIFF NAME],
  Plaintiff,

v. No. D-[___]-CV-[YYYY-NNNN]

[DEFENDANT NAME],
  Defendant.

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT

[// GUIDANCE: Replace “Plaintiff” and “Defendant” with the correct designations if the requesting party is the Defendant or a Third-Party Plaintiff.]

I. INTRODUCTORY STATEMENT

Pursuant to Rule 1-033 NMRA and the other discovery provisions of the New Mexico Rules of Civil Procedure, Plaintiff propounds the following Interrogatories, each of which must be answered separately and fully in writing, under oath, and within thirty (30) days after service hereof, unless the parties stipulate or the Court orders otherwise.

II. DEFINITIONS

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

1. “Action” means the above-captioned lawsuit and any related proceedings.
2. “Communication” means any oral, written, electronic, or other transfer of information.
3. “Document” means all writings, recordings, photographs, and electronically stored information (“ESI”) within the meaning of Rule 1-026 NMRA, including drafts and metadata.
4. “Identify” (with respect to a natural person) means to state the person’s full name, last known address and telephone number, and relationship to the parties.
5. “You,” “Your,” or “Defendant” means [DEFENDANT NAME], its agents, employees, representatives, affiliates, and all other persons acting or purporting to act on its behalf.

[// GUIDANCE: Add or delete defined terms to suit the specific case.]

III. GENERAL INSTRUCTIONS

1. Duty to Respond. Each Interrogatory must be answered fully and separately in writing under oath by an officer or agent who is knowledgeable of and competent to testify concerning the matters stated.
2. Time for Response. Answers and objections are due within thirty (30) days after service, except that a Defendant served with these Interrogatories with the Summons and Complaint has forty-five (45) days to respond.
3. Form of Objections. Any objection shall be stated with specificity and shall set forth all grounds. If an Interrogatory is only partially objectionable, answer the unobjectionable portion.
4. Assertion of Privilege. If You withhold information based upon a claim of privilege, work-product doctrine, or other protection, state the nature of the privilege asserted and provide a privilege log that complies with Rule 1-026(B)(5) NMRA.
5. Supplementation. You have a continuing duty to seasonably supplement your responses under Rule 1-026(E) NMRA.
6. Discovery Limits. The total number of Interrogatories, including discrete subparts, shall not exceed thirty (30) absent stipulation or court order. Monitor subparts carefully to avoid violation of this limit.
7. Incorporation by Reference. These Instructions and Definitions are deemed incorporated into each Interrogatory as if fully set forth therein.

IV. INTERROGATORIES

[// GUIDANCE: Use, modify, delete, or reorder the sample Interrogatories below. Ensure the total (including subparts) does not exceed thirty.]

1. Identify every person who assisted in preparing the answers to these Interrogatories and specify the particular Interrogatories for which each person provided information.

2. State the factual basis for each denial in Your Answer to the Complaint. For each fact, identify the persons with knowledge and all Documents that evidence or refer to such fact.

3. Describe in detail every Communication between You and Plaintiff concerning the subject matter of this Action, including the date, participants, and substance of each Communication.

4. Identify all Documents You contend support any affirmative defense asserted by You, and describe the relevance of each Document to the specific defense.

5. State all facts upon which You rely to contend that Plaintiff’s alleged damages were caused, in whole or in part, by the acts or omissions of any person or entity other than You.

6. For each category of damages that You contend Plaintiff is not entitled to recover, state Your contention and the complete factual and legal basis therefor.

7. Identify all insurance agreements 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 the judgment.

8. Describe any investigation or incident report concerning the events alleged in the Complaint, including the date of the investigation, the identity of investigators, the scope of the investigation, and the current location of any related Documents.

9. State the full name, last known address, and telephone number of every witness You intend to call at trial and provide a summary of the testimony You expect each witness to give.

10. If You contend that any Document produced by Plaintiff has been altered, forged, or is otherwise inauthentic, identify that Document and state all facts upon which Your contention is based.

[// GUIDANCE: Interrogatories 11–30 reserved for additional case-specific questions.]

V. VERIFICATION

I, [NAME OF PARTY REPRESENTATIVE], being first duly sworn, state under oath that I am the [TITLE/POSITION] 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: ___

[NAME]
[Title / Capacity]

State of _ )
County of _____ ) ss.

Subscribed and sworn before me on this ___ day of _, 20_, by ______.

Notary Public
My Commission Expires: _______

[// GUIDANCE: New Mexico permits unsworn declarations under penalty of perjury in lieu of notarization. Insert the appropriate form if preferred.]

VI. CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of ____, 20__, I served the foregoing Plaintiff’s First Set of Interrogatories to Defendant on all counsel of record via:

☐ NMCEF electronic filing and service
☐ E-mail to: [E-MAIL ADDRESSES]
☐ U.S. Mail, postage prepaid, addressed as follows: [ADDRESS]

[ATTORNEY NAME]
Attorney for Plaintiff
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL] | NM Bar No. _

[// GUIDANCE: 1) Review local scheduling orders for any modifications to standard response deadlines; 2) Update the certificate of service method to match the Court’s approved service mechanism; 3) Confirm compliance with any protective orders or confidentiality agreements before propounding interrogatories that call for sensitive information.]