State Court Discovery - Interrogatories - Ohio

STATE COURT DISCOVERY — INTERROGATORIES

Ohio Civ.R. 26, 33, and 37 Drafting Form

1. Matter and Discovery-Control Record

Ohio Civ.R. 33(A) permits up to 40 written interrogatories to another party
without leave. Every subpart counts separately. The court may reduce or extend
the number for good cause. Do not serve this set until counsel has counted the
current set together with prior interrogatories to the same party.

2. Caption and Service Title

IN THE [NAME OF OHIO TRIAL COURT]

[COUNTY], OHIO

[PLAINTIFF NAME], Plaintiff

v.

[DEFENDANT NAME], Defendant

Case No. [________________]

Judge or Magistrate [________________]

[REQUESTING PARTY]'S [FIRST / SECOND] SET OF INTERROGATORIES TO [RESPONDING PARTY]

These interrogatories are served under Ohio Civ.R. 33 and the orders identified
in Section 1.

3. Response Period and Delivery Package

The requesting party designates [____] days after service for answers and
objections.

☐ The designated period is at least 28 days

☐ A court order permits a shorter period: [ORDER AND DATE]

☐ A court order or stipulation supplies a longer period: [AUTHORITY AND DATE]

Civ.R. 33(A) does not create an automatic 28-day deadline in every set. It
requires the submitting party to designate a period not shorter than 28 days,
unless the court allows another period.

Format supplied with service

☐ Interrogatories supplied on a shareable medium in an editable format as
Civ.R. 33(A) directs when feasible

☐ Responding party is unrepresented and also received a paper copy

☐ Another Civ.R. 5(B)(2) service method was used because electronic service
was unavailable: [________________________________]

4. Scope and Drafting Instructions

Civ.R. 26(B)(1) limits discovery to nonprivileged matter relevant to a claim or
defense and proportional to the needs of the case. Review each interrogatory
against the issues, amount, access to information, resources, importance, and
burden or expense.

Definitions must not silently enlarge one numbered interrogatory into multiple
subparts or demand information beyond the rule's scope.

Relevant time period: [START EVENT OR DATE] through [END EVENT OR DATE]

Claims and defenses addressed: [________________________________]

Terms that require case-specific definition: [__________________________]

Delete any instruction that is inconsistent with a case order, local rule, or
the responding party's actual possession, custody, control, knowledge, or
available organizational information.

5. Response Rules Quoted for Convenience

Under Civ.R. 33(A)(3):

• each interrogatory is answered separately and fully in writing under oath
  unless objected to;

• reasons for an objection are stated instead of an answer;

• the responding party quotes each interrogatory immediately before the
  corresponding answer or objection;

• the person making the answers signs them; and

• counsel signs objections.

For an organization, Civ.R. 33(A)(1) directs it to choose one or more proper
employees, officers, or agents to answer with information known or available
to the organization.

If information is withheld for privilege or trial-preparation protection,
Civ.R. 26(B)(8) requires an express claim and a description sufficient to
permit the claim to be contested without revealing the protected information.

Civ.R. 33(C) permits a qualifying business-records response only when its
conditions are met, the records are specified, and the requesting party is
given a reasonable opportunity to examine, audit, inspect, and copy them.

6. Interrogatory Selection and Count

Count each selected item and every separately answerable subpart.

Drafting bank

Use only supported, proportional requests. Bracketed details must be completed.

INTERROGATORY NO. [____]:

Identify each person who participated in preparing your answers and state the
interrogatory numbers for which that person supplied information.

INTERROGATORY NO. [____]:

For the affirmative defense identified as [DEFENSE], state the material
facts on which you rely and identify the witnesses and nonprivileged documents
you contend support it.

INTERROGATORY NO. [____]:

Identify each person you believe has discoverable information concerning
[SPECIFIC EVENT OR ISSUE] and state the subject of that information.

INTERROGATORY NO. [____]:

State your factual account of [SPECIFIC EVENT], including the date,
location, participants, and conduct you attribute to each participant.

INTERROGATORY NO. [____]:

State each category and amount of damages you claim concerning [CLAIM OR
COUNTERCLAIM] and explain the calculation.

INTERROGATORY NO. [____]:

Identify each insurance agreement within Civ.R. 26(B)(2) that may satisfy,
indemnify, or reimburse all or part of a possible judgment in this action.

INTERROGATORY NO. [____]:

For each initial-disclosure document category relevant to [ISSUE], identify
the present custodian and state whether the document or electronically stored
information is within your possession, custody, or control.

INTERROGATORY NO. [____]:

Identify each witness you may use to present expert evidence on [ISSUE] and
identify the report or healthcare-provider records supplied under the
case-management schedule and Civ.R. 26(B)(7).

INTERROGATORY NO. [____]:

Identify each communication between [PARTIES OR PERSONS] concerning
[DEFINED SUBJECT] during [TIME PERIOD] by date, participants, method,
and general subject without requesting privileged content.

INTERROGATORY NO. [____]:

Identify each statement within Civ.R. 26(B)(4) concerning [EVENT OR SUBJECT]
that you contend is discoverable and identify its date, maker, form, and
custodian.

Case-specific interrogatories

INTERROGATORY NO. [____]:

[ONE COMPLETE, PROPORTIONAL QUESTION]

INTERROGATORY NO. [____]:

[ONE COMPLETE, PROPORTIONAL QUESTION]

Total interrogatory count, including every subpart and prior set to this
party: [____]

☐ Total is 40 or fewer

☐ Leave or an order permits the stated higher total: [_____________________]

7. Service Record

Certificate of Service

I certify that on [DATE], the foregoing interrogatories and the delivery
package identified above were served on:

[NAME, COUNSEL OR PARTY, ADDRESS, AND SERVICE METHOD]

[ATTORNEY OR SELF-REPRESENTED PARTY SIGNATURE BLOCK APPROVED FOR THIS CASE]

8. Response and Enforcement Calendar

Civ.R. 37(A) requires a motion to compel to include a good-faith conference
certification. Expense awards under Civ.R. 37(A)(5) have stated exceptions;
they are not automatic merely because an answer is late or disputed.
Civ.R. 37(D) separately addresses a properly served party's failure to serve
answers or objections and also requires the specified conference certification
for a sanctions motion.

Do not threaten a motion, expense award, sanction, waiver, or admission until
counsel checks the actual response, objections, protective-order status, local
practice, and current rule.

9. Final Review

☐ Caption and parties match the docket

☐ Responding party is eligible to be served under Civ.R. 33(A)(2)

☐ Current case and local orders checked

☐ Every interrogatory is relevant and proportional

☐ Privilege and protected material are not demanded categorically

☐ Count includes every subpart and prior interrogatory to this party

☐ Response period is correctly designated

☐ Editable and paper delivery duties addressed

☐ Service method and proof approved

☐ Enforcement calendar preserves the good-faith conference requirement

This form is complete only after Ohio counsel approves the final numbered set,
count, delivery package, and service.