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

These Interrogatories are served in accordance with the Rules of Civil Procedure for the District Courts.

I. INTERROGATORIES

A. Identification and Background

INTERROGATORY NO. 1: State the full name, address, employer, job title, and role of every person who assisted in preparing the answers to these interrogatories, and identify 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 title or description, date, author, recipient, and present custodian of every document that evidences or concerns 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 title or description, date, author, recipient, and present custodian of every document that supports or concerns 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: For each expert witness you may call at trial, identify any report prepared by that expert regarding this action and provide the name and address of the report's custodian.

E. Documents and Evidence

INTERROGATORY NO. 11: For every document you contend supports a claim, defense, or counterclaim asserted by you in this action, state its title or description, date, author, recipient, present custodian, and relevance 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 the document by title or description, date, author, recipient, and production number, 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 [IDENTIFY CLAIM, TRANSACTION, OR EVENT], 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 [IDENTIFY CLAIM, TRANSACTION, OR EVENT], 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 title or description, date, author, recipient, and present custodian of every document concerning 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 concerning [IDENTIFY CLAIM, TRANSACTION, OR EVENT], 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 [IDENTIFY DATE OR EVENT].

K. Additional Case-Specific Interrogatories

Count and deadline control. Rule 1-033(A) NMRA permits no more than fifty (50) interrogatories, including all discrete subparts, without leave of court or written stipulation. Under Rule 1-033(C)(3) NMRA, answers and objections are ordinarily due within thirty (30) days after service of the interrogatories, except that a defendant may respond within forty-five (45) days after service of the summons and complaint. The court may direct, or the parties may agree in writing to, a shorter or longer period. Before service, record the cumulative count, subpart treatment, any leave or stipulation, service date and method, governing response period, and calculated response date: [DETAILS].

INTERROGATORY NO. 21: [________________________________]

INTERROGATORY NO. 22: [________________________________]

INTERROGATORY NO. 23: [________________________________]

INTERROGATORY NO. 24: [________________________________]

INTERROGATORY NO. 25: [________________________________]

II. 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):

☐ Court-approved EFS — Served electronically to counsel registered with the court's EFS (Rule 1-005.2(C) NMRA). This discovery paper was not filed with the court.

☐ E-mail — Transmitted to the following recipients who agreed to service by e-mail under Rule 1-005.2(C) NMRA:

☐ 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. [________________________________]

III. NEW MEXICO DISCOVERY PRACTICE NOTES

A. Interrogatory Limits and Counting

Counting subparts. Rule 1-033(A) includes all discrete subparts in the fifty-interrogatory limit. Count the proposed interrogatories and subparts before service; obtain leave or a written stipulation if the limit would be exceeded.

B. Response Requirements

Answers under oath. Each interrogatory must be answered separately and fully in writing under oath unless objected to; the objection must state reasons and the unobjectionable portion must be answered. Rule 1-033(C)(1) NMRA. For an entity, Rule 1-033(A) permits an officer or agent to answer with information available to the party.

Form of response. Rule 1-033(C)(1) requires a separate answer to each interrogatory. First Judicial District Rule LR1-202(C) requires the complete interrogatory or request before each objection and supporting authority for the objection.

Specificity of objections. State all grounds with specificity. A ground omitted from a timely objection is waived unless the court excuses the failure for good cause. Rule 1-033(C)(4) NMRA.

Partial objections. Answer the unobjectionable portion and state reasons for the objection to the remainder. Rule 1-033(C)(1) NMRA.

C. Privilege and Work Product

Privilege claim. If otherwise discoverable information is withheld as privileged or protected trial-preparation material, the responding party must expressly claim protection and describe the withheld material sufficiently to permit assessment of the claim. Rule 1-026(B)(7) NMRA.

Supplementation. Rule 1-026(E) requires a seasonable correction when a prior response becomes materially incomplete or incorrect and corrective information has not otherwise been made known during discovery or in writing. An order, party agreement, or new request may also impose a duty to supplement.

D. Service and Filing

Discovery papers. Under Rule 1-005(E) NMRA, interrogatories and their answers or objections are not filed unless the court orders filing or they are used in the proceeding. Counsel must file a certificate of service within a reasonable time after serving an unfiled paper, stating its date and method of service.

Electronic service. Rule 1-005.2(C) NMRA permits electronic service on a party or attorney who agreed to e-mail service or whose attorney registered with the court-approved EFS. Confirm each recipient's eligibility and use another authorized method where needed.

E. Local Rules

Judicial District Local Rules. Consult the local rules for the case's judicial district. In the First Judicial District, LR1-202 also requires consecutively numbered interrogatories, adequate answer space, and directly related subparts. It limits prefatory instructions and sets a sixty-day deadline for a motion to compel after an objection is served or an answer was due, subject to court adjustment.

Scheduling order. Review the case's scheduling order for discovery deadlines and additional requirements.

F. Service Checklist

☐ If serving in the First Judicial District, no prefatory definitions or instructions included beyond the LR1-202(B) service statement; leave adequate answer space under each interrogatory

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

☐ Correct judicial district and county identified

☐ Interrogatories served without filing, unless ordered or used in the proceeding; service certificate filed within a reasonable time

☐ Served on all parties of record

☐ Certificate of service completed with correct date and method

☐ 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) — Current official text: https://nmonesource.com/nmos/nmra-unanno/en/18468/1/document.do

   • Rule 1-005: Service and Filing of Pleadings and Other Papers
   • Rule 1-005.2(C): Electronic Service
   • Rule 1-026: General Provisions Governing Discovery
   • Rule 1-026(B)(3): Witnesses and Exhibits
   • Rule 1-026(B)(4): Insurance Agreements
   • Rule 1-026(B)(6): Experts
   • Rule 1-026(B)(7): Claims of privilege or trial-preparation protection
   • Rule 1-026(E): Supplementation of Responses
   • Rule 1-033: Interrogatories to Parties (50-interrogatory limit)

2. LR1-202 NMRA — First Judicial District local discovery rule: https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2024/02/Rule-LR1-202-NMRA.pdf