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: 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: 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. VERIFICATION

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

Response-verification control

The propounding paper does not prescribe a verification method. Before answers are served, enter the current rule or order, authorized signer, oath or declaration text, and any jurat requirement: [DETAILS]. Delete unused oath, declaration, and notary options.

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)

III. 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. [________________________________]

IV. NEW MEXICO DISCOVERY PRACTICE NOTES

A. Interrogatory Limits and Counting

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

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.

Supplementation control. Apply only the duty supplied by the current governing rule, order, or agreement: [CITATION / TERMS / NONE IDENTIFIED]. Do not label these interrogatories “continuing” or demand supplementation beyond that authority.

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

☐ If filing in the First Judicial District, no prefatory definitions or instructions included beyond the LR1-202(B) service statement

☐ 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

☐ 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. LR1-202 NMRA — First Judicial District local rule governing the form of interrogatories, requests for production, and requests for admission: https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2024/02/Rule-LR1-202-NMRA.pdf

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