South Carolina State Court Discovery Interrogatories

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

STATE OF SOUTH CAROLINA — COURT OF COMMON PLEAS

STATE OF SOUTH CAROLINA
COUNTY OF [________________________________]
IN THE COURT OF COMMON PLEAS

Attorney Information

INTRODUCTORY STATEMENT

Plaintiff, [________________________________], by and through undersigned counsel, pursuant to South Carolina Rule of Civil Procedure 33, propounds the following Interrogatories upon Defendant, [________________________________], to be answered separately, fully, in writing, and under oath.

Response Deadline: Pursuant to S.C. R. Civ. P. 33(a), Defendant must serve written, verified answers and any objections within thirty (30) days after service of these Interrogatories. If Defendant was first served with the Summons and Complaint contemporaneously with these Interrogatories, Defendant has forty-five (45) days after service of the Summons and Complaint to respond.

Interrogatory Limit: Under S.C. R. Civ. P. 33(b), interrogatories are limited as follows: In cases where the amount in controversy exceeds $25,000 or where the action seeks declaratory or injunctive relief, a party may serve up to fifty (50) interrogatories in addition to the eight (8) standard interrogatories set forth in Rule 33(c). In cases where the amount in controversy is $25,000 or less, interrogatories are limited to the eight (8) standard interrogatories unless the court grants leave for additional interrogatories upon good cause shown.

Continuing Duty to Supplement: Pursuant to S.C. R. Civ. P. 26(e), Defendant has a continuing duty to seasonably supplement responses to these Interrogatories with respect to the identity of persons having knowledge of discoverable matters, the identity of expert witnesses, and any response that was incorrect when made or that, though correct when made, is no longer true.

DEFINITIONS

For purposes of these Interrogatories, the following definitions shall apply:

1. "Action" means the above-captioned lawsuit, including all claims, counterclaims, cross-claims, and third-party claims asserted in the pleadings.

2. "Communication" means any transmission or exchange of information by any means, whether oral, written, or electronic, including but not limited to conversations, telephone calls, emails, text messages, letters, memoranda, facsimiles, social media messages, video conferences, and any other manner of conveying information.

3. "Document" means any written, printed, typed, recorded, or graphic matter of any kind, however produced or reproduced, including electronically stored information ("ESI"), as broadly defined under S.C. R. Civ. P. 26 and 34. This includes but is not limited to contracts, agreements, correspondence, memoranda, reports, notes, recordings, photographs, videos, databases, spreadsheets, metadata, and any other tangible or electronic material.

4. "Describe" means to provide a detailed narrative account including all relevant facts, circumstances, dates, times, locations, and persons involved.

5. "Identify" (when referring to a natural person) means to state the person's full legal name, present or last-known residential address, present or last-known telephone number, present or last-known email address, present or last-known employer and job title, and relationship to any party in this Action.

6. "Identify" (when referring to an entity) means to state the entity's full legal name, type of entity, state of formation or incorporation, principal place of business address, and the name and contact information of a knowledgeable representative.

7. "Incident" means the transaction, occurrence, event, or series of events giving rise to the claims and defenses in this Action as described in the pleadings, occurring on or about [__/__/____] at or near [________________________________].

8. "Occurrence" has the same meaning as "Incident" and the terms are used interchangeably.

9. "You," "Your," or "Defendant" means [________________________________], including all present and former officers, directors, members, managers, partners, employees, agents, representatives, attorneys, insurers, predecessors, successors, subsidiaries, affiliates, and all other persons acting or purporting to act on Defendant's behalf.

10. "Person" means any natural individual, corporation, limited liability company, partnership, association, joint venture, trust, estate, governmental entity, or any other legal or commercial entity.

11. "Relate," "Relating to," or "Concerning" means directly or indirectly referring to, describing, evidencing, constituting, mentioning, summarizing, reflecting, or having any logical connection whatsoever with the subject matter referenced.

INSTRUCTIONS

1. Separate Answers Required. Each Interrogatory must be answered separately and fully. Restate each Interrogatory in full immediately before the corresponding answer. If any Interrogatory is objected to in part, state the specific grounds for objection and answer the remainder to the extent not objectionable.

2. Oath Requirement. Pursuant to S.C. R. Civ. P. 33(a), all answers must be made under oath and signed by the party to whom the Interrogatories are directed — not merely by counsel. The answers must be verified.

3. Privilege Log. If any information is withheld based on a claim of attorney-client privilege, work-product protection, or any other privilege or immunity, Defendant must provide a privilege log that complies with S.C. R. Civ. P. 26(b)(5)(A), identifying the nature of the documents, communications, or tangible things not produced in a manner sufficient to enable Plaintiff and the Court to assess the claim of privilege.

4. Supplementation Duty. These Interrogatories are continuing in nature pursuant to S.C. R. Civ. P. 26(e). Defendant must seasonably supplement responses regarding the identity and location of persons having knowledge of discoverable matters, the identity of expert witnesses, and any response that was incorrect when made or is no longer true.

5. Objections. State any objection with specificity, including the legal and factual basis for the objection. General or boilerplate objections without specific factual support are disfavored and may be deemed waived.

6. Sources of Information. When answering, include information known to You or readily obtainable by You, including information available from Your agents, employees, representatives, attorneys (to the extent not privileged), and other persons acting on Your behalf.

GENERAL INTERROGATORIES

INTERROGATORY NO. 1: Party Identification

State Your full legal name, all former names or aliases, date of birth, current residential address, current mailing address (if different), all telephone numbers, all email addresses, Social Security Number (last four digits only), and driver's license number and state of issuance.

If Defendant is an entity, state the full legal name, type of entity, state of incorporation or formation, date of formation, principal place of business address, and the names and titles of all current officers, directors, members, or managing partners.

INTERROGATORY NO. 2: Factual Basis for Defenses

State in detail the complete factual basis for each affirmative defense asserted in Your Answer or any amended pleading, including:

• (a) All facts supporting each defense;
• (b) The identity of each person with knowledge of facts supporting each defense;
• (c) The identity of each Document supporting each defense.

INTERROGATORY NO. 3: Witnesses — Fact

Identify every person known to You who witnessed, was present during, or has knowledge of any facts relating to the Incident or to any claim or defense in this Action. For each such person, state:

• (a) The person's full name and contact information;
• (b) A summary of the facts known to that person;
• (c) Whether a written or recorded statement has been obtained from that person, and if so, the date and custodian of the statement.

INTERROGATORY NO. 4: Documents

Identify each Document or category of Documents in Your possession, custody, or control that relates to any claim or defense in this Action, including:

• (a) A description of the Document or category;
• (b) The date or date range;
• (c) The author or creator;
• (d) The current custodian and location.

INTERROGATORY NO. 5: Expert Witnesses

Identify each expert witness You have retained, specially employed, or expect to call at trial in this Action, and for each such expert provide:

• (a) The expert's full name, business address, and professional credentials;
• (b) The subject matter on which the expert is expected to testify;
• (c) The substance of the facts and opinions to which the expert is expected to testify;
• (d) A summary of the grounds for each opinion;
• (e) All reports prepared by or provided to the expert;
• (f) The expert's compensation for testimony and preparation.

INTERROGATORY NO. 6: Damages

State the exact amount of damages You contend Plaintiff has or has not suffered as a result of the Incident, and provide a complete breakdown by category, including:

• (a) The nature of each category of damage;
• (b) The amount claimed or denied for each category;
• (c) The method of calculation for each amount;
• (d) All Documents supporting or contradicting the claimed amount;
• (e) The identity of each person with knowledge of the damages calculation.

INTERROGATORY NO. 7: Insurance

Identify every insurance agreement or policy under which any person carrying on an insurance business may be liable to satisfy part or all of any potential judgment in this Action, or to indemnify or reimburse for payments made to satisfy any judgment. For each policy, state:

• (a) The name and address of the insurer;
• (b) The policy number;
• (c) The type and amount of coverage, including limits;
• (d) Whether the insurer has accepted or denied coverage, or reserved rights;
• (e) Any applicable deductible or self-insured retention.

INTERROGATORY NO. 8: Prior Claims and Lawsuits

Identify every claim, lawsuit, administrative proceeding, or arbitration in the past ten (10) years in which You were a party and that involved allegations similar or related to those in this Action. For each, state:

• (a) The caption, case number, and court or tribunal;
• (b) The nature of the allegations;
• (c) The disposition or current status;
• (d) The amount of any judgment, settlement, or award.

INTERROGATORY NO. 9: Communications

Identify and describe all Communications between You and any other person concerning the Incident, including:

• (a) The date of the Communication;
• (b) The identity of all participants;
• (c) The method of Communication;
• (d) The substance of the Communication;
• (e) Whether the Communication was recorded or memorialized.

INTERROGATORY NO. 10: Medical Treatment (If Applicable)

If this Action involves claims for personal injury, identify every healthcare provider who has examined, treated, or consulted with Plaintiff regarding injuries allegedly arising from the Incident, including:

• (a) The provider's full name, specialty, and address;
• (b) The dates of treatment or consultation;
• (c) The nature of the treatment provided;
• (d) The diagnosis rendered;
• (e) The total charges billed and amounts paid.

INTERROGATORY NO. 11: Employment and Income (If Applicable)

If this Action involves claims for lost wages or loss of earning capacity, state:

• (a) Plaintiff's employers for the five (5) years preceding the Incident;
• (b) Plaintiff's job title, duties, and rate of compensation;
• (c) The dates of any missed work attributable to the Incident;
• (d) The total amount of wages or income allegedly lost;
• (e) Whether Plaintiff received disability, workers' compensation, or similar benefits.

INTERROGATORY NO. 12: Third-Party Liability

If You contend that any third party is wholly or partially responsible for the Incident or for Plaintiff's claimed damages, identify each such third party and state:

• (a) The nature and basis of the alleged responsibility;
• (b) The facts supporting the contention;
• (c) The identity of each witness with knowledge;
• (d) All Documents supporting the contention.

INTERROGATORY NO. 13: Comparative Fault

If You contend that Plaintiff was comparatively negligent or otherwise at fault, state:

• (a) Each act or omission You attribute to Plaintiff;
• (b) The time and place of each such act or omission;
• (c) The identity of each person with knowledge;
• (d) All Documents supporting Your contention.

INTERROGATORY NO. 14: Investigations

Describe any and all investigations conducted by You or on Your behalf relating to the Incident, including:

• (a) The identity of each investigator;
• (b) The dates of the investigation;
• (c) The scope and purpose of the investigation;
• (d) A summary of the findings;
• (e) All reports or Documents generated.

INTERROGATORY NO. 15: Preservation of Evidence

Describe all efforts You have made to identify, locate, and preserve Documents and electronically stored information relevant to this litigation, including:

• (a) The date any litigation hold notice was issued;
• (b) The persons to whom the litigation hold was directed;
• (c) Any Documents or ESI that were lost, destroyed, or rendered inaccessible after the duty to preserve arose.

INTERROGATORY NO. 16: Statements Obtained

Identify all statements, whether written, recorded, or summarized, obtained from any person concerning the Incident, including:

• (a) The name of the person providing the statement;
• (b) The date obtained;
• (c) The identity of the person who obtained the statement;
• (d) The form of the statement;
• (e) The current custodian and location.

CASE-SPECIFIC INTERROGATORIES

INTERROGATORY NO. 17:
[________________________________]
[________________________________]
[________________________________]

INTERROGATORY NO. 18:
[________________________________]
[________________________________]
[________________________________]

INTERROGATORY NO. 19:
[________________________________]
[________________________________]
[________________________________]

INTERROGATORY NO. 20:
[________________________________]
[________________________________]
[________________________________]

Note: Under S.C. R. Civ. P. 33(b), in cases where the amount in controversy exceeds $25,000 or the action seeks declaratory or injunctive relief, a party may serve up to fifty (50) interrogatories in addition to the eight (8) standard interrogatories. Carefully count each discrete subpart as a separate interrogatory toward the applicable limit.

VERIFICATION

STATE OF SOUTH CAROLINA
COUNTY OF [________________________________]

I, [________________________________], being duly sworn, state that I am the ☐ Defendant individually / ☐ [________________________________] (title/position) of [________________________________] (Defendant entity); that I have read the foregoing Answers to Plaintiff's First Set of Interrogatories and know the contents thereof; and that the same are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date: [__/__/____]

SUBSCRIBED AND SWORN to before me this [____] day of [________________________________], 20[____].

Signature: [________________________________]

Notary Public for South Carolina

My Commission Expires: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [________________________________], 20[____], I served the foregoing Plaintiff's First Set of Interrogatories to Defendant upon all counsel of record by the method indicated below, as permitted under S.C. R. Civ. P. 5(b):

☐ Hand delivery
☐ U.S. Mail, postage prepaid
☐ Electronic mail (with consent)
☐ Facsimile transmission
☐ South Carolina e-Filing system
☐ Other: [________________________________]

Served upon:

Signature: [________________________________]

[________________________________], Esquire
SC Bar No. [________________________________]
Attorney for Plaintiff
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (Phone) | [________________________________] (Email)

PRACTICE NOTES

South Carolina-Specific Discovery Rules

1. Interrogatory Limits. S.C. R. Civ. P. 33 establishes a two-tier interrogatory limit:

• ☐ Cases with amount in controversy exceeding $25,000 or seeking declaratory/injunctive relief: Up to 50 interrogatories plus the 8 standard interrogatories in Rule 33(c).
• ☐ Cases with amount in controversy of $25,000 or less: Limited to the 8 standard interrogatories unless leave of court is obtained.
• Each discrete subpart counts as a separate interrogatory.

2. Standard Interrogatories. S.C. R. Civ. P. 33(c) provides eight standard interrogatories that may be served in every case without counting toward the numerical limit. Practitioners should review these standard interrogatories and incorporate them as appropriate.

3. Response Deadline. Answers must be served within 30 days after service, or 45 days if Defendant was served with the Summons and Complaint at the same time. S.C. R. Civ. P. 33(a). When service is by mail, add three (3) days under S.C. R. Civ. P. 6(e).

4. Objection Procedures. Objections must be stated with specificity. The answering party must state each objection separately and provide the legal basis. Boilerplate objections are disfavored and may be overruled on a motion to compel.

5. Motion to Compel. Under S.C. R. Civ. P. 37(a), if a party fails to answer an interrogatory, the propounding party may file a motion to compel. The movant should certify that a good-faith effort to resolve the dispute was made before filing the motion.

6. Sanctions. S.C. R. Civ. P. 37(b) authorizes sanctions for failure to comply with a discovery order, including:

• ☐ Establishing facts as admitted
• ☐ Prohibiting introduction of evidence
• ☐ Striking pleadings
• ☐ Dismissal or default judgment
• ☐ Contempt of court
• ☐ Award of reasonable expenses, including attorney's fees

7. Business Court Pilot Program. If the case is assigned to the South Carolina Business Court Pilot Program, confirm any case-specific discovery orders that may modify standard discovery practice.

8. Electronic Service. For electronic service, confirm that opposing counsel has consented to e-service under S.C. R. Civ. P. 5(b)(1). Retain proof of service for all discovery transmissions.

SOURCES AND REFERENCES

• South Carolina Rules of Civil Procedure, Rule 33: https://www.sccourts.org/resources/judicial-community/court-rules/civil/rule-33/
• South Carolina Rules of Civil Procedure, Rule 26: https://www.sccourts.org/resources/judicial-community/court-rules/civil/rule-26/
• South Carolina Rules of Civil Procedure, Rule 37 (Sanctions)
• South Carolina Judicial Branch — Court Rules: https://www.sccourts.org/resources/judicial-community/court-rules/
• Discovery Process in South Carolina: https://charlestonlaw.net/discovery-lawsuit-south-carolina/