South Dakota State Court Interrogatories

SOUTH DAKOTA STATE COURT INTERROGATORIES

IN THE CIRCUIT COURT OF THE STATE OF SOUTH DAKOTA

[________________________________] JUDICIAL CIRCUIT

[________________________________] COUNTY

Civil File No.: [________________________________]

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

STATUTORY COMPLIANCE STATEMENT

Pursuant to South Dakota Codified Laws Section 15-6-33, Plaintiff hereby propounds the following Interrogatories upon Defendant, to be answered fully, separately, in writing, and under oath.

Response Deadline: Under SDCL 15-6-33(a), answers and objections are due within thirty (30) days after service of these Interrogatories, but a defendant is not required to serve them before forty-five (45) days after service of the summons and complaint. Use the later applicable date unless the court orders, or the parties agree in writing to, a shorter or longer time.

Interrogatory Count: These Interrogatories, including all subparts, total [____] in number. SDCL 15-6-26(a) and 15-6-33 impose no general federal-style 25-interrogatory cap. A separate ten-interrogatory limit in SDCL 15-6-73 applies when the court places a local intergovernmental dispute into the expedited process under SDCL 15-6-72.1. Check court orders and written party agreements before service.

DEFINITIONS

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

1. "You," "Your," or "Defendant" means [________________________________] and, only to the extent information is nonprivileged, available to the responding party, and within SDCL 15-6-26(b)'s scope, the responding party's officers, agents, employees, and representatives.

2. "Plaintiff" means [________________________________] and the persons acting for Plaintiff whose nonprivileged conduct is relevant to the subject matter of this action.

3. "Communication" means any manner or means of transmitting, disclosing, or exchanging information, whether oral, written, or electronic, including but not limited to: in-person conversations, telephone calls, voicemails, emails, text messages, instant messages, social media messages, letters, memoranda, facsimiles, video conferences, and any other form of correspondence or exchange of information.

4. "Document" or "Documents" shall be construed in the broadest sense permitted under SDCL 15-6-34 and includes all writings, drawings, graphs, charts, photographs, sound recordings, images, electronically stored information (ESI), and any other data or data compilations stored in any medium from which information can be obtained, translated if necessary, into reasonably usable form.

5. "Identify" or "Identification":

(a) When used with respect 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(s)
• Present or last known email address
• Present or last known employer, job title, and business address
• Relationship to any party in this action

(b) When used with respect to a business entity, means to state:

• Full legal name
• Type of entity (corporation, LLC, partnership, etc.)
• State of incorporation or organization
• Principal place of business address
• Name and title of the person(s) most knowledgeable about the subject matter

(c) When used with respect to a Document, means to state:

• The type of Document (letter, email, contract, etc.)
• The date of the Document
• The author(s) or sender(s)
• The recipient(s) or addressee(s)
• The subject matter or title
• The present location and custodian of the Document

(d) When used with respect to a Communication, means to state:

• The date and time of the Communication
• The type or medium of Communication
• The identity of all participants
• The substance or summary of the Communication
• Whether any Document memorializes the Communication

6. "Relate to," "Relating to," or "Related to" means pertaining to, referring to, reflecting, evidencing, describing, constituting, mentioning, concerning, or having any logical connection with the subject matter described.

7. "Incident" means the events, occurrences, acts, or omissions that are the subject of the claims and defenses in this litigation, as alleged in the pleadings.

8. "Person" means any natural person, corporation, partnership, limited liability company, association, joint venture, governmental entity, or any other legal entity.

9. "Knowledge" means actual knowledge, or information sufficient to cause a reasonable person to make inquiry that would have led to actual knowledge.

10. "And" and "Or" shall be construed conjunctively or disjunctively as necessary to make the request inclusive rather than exclusive.

GENERAL INSTRUCTIONS

Instruction 1 - Separate Answers Required: Each Interrogatory must be answered separately and fully in writing under oath, as required by SDCL 15-6-33(a). You must set out each Interrogatory immediately preceding Your answer thereto.

Instruction 2 - Objections: If You object to any Interrogatory, state all grounds for the objection with specificity. Pursuant to SDCL 15-6-33(a), any ground not stated in a timely objection is waived unless the Court excuses the failure for good cause shown. If an Interrogatory is objectionable only in part, answer the unobjectionable portion and state Your specific objection to the remainder.

Instruction 3 - Privilege Log Requirement: If You withhold any information on the basis of privilege or work product protection, You must expressly make the claim and describe the nature of the Documents, Communications, or things not produced or disclosed in a manner that, without revealing information that is itself privileged or protected, will enable Plaintiff to assess the applicability of the privilege or protection. See SDCL 15-6-26(b)(5).

Instruction 4 - Continuing Duty to Supplement: Pursuant to SDCL 15-6-26(e), You have a continuing obligation to supplement Your responses if You learn that a response is in some material respect incomplete or incorrect, and if the additional or corrective information has not otherwise been made known to Plaintiff during the discovery process or in writing. Supplemental responses must be provided seasonably.

Instruction 5 - Scope of Discovery: These Interrogatories must be tailored to nonprivileged matter relevant to the subject matter of the pending action under SDCL 15-6-26(b). The court must limit discovery that is cumulative, duplicative, available from a more convenient source, already the subject of ample opportunity, or unduly burdensome or expensive under the factors in SDCL 15-6-26(b)(1)(A).

Instruction 6 - Option to Produce Business Records: Pursuant to SDCL 15-6-33(c), where the answer may be derived or ascertained from Your business records and the burden is substantially the same for both parties, You may specify the records and afford Plaintiff a reasonable opportunity to examine, audit, inspect, and copy them. The specification must be detailed enough for Plaintiff to locate and identify the records as readily as You can.

Instruction 7 - Time Period: Unless a specific time period is stated within an Interrogatory, these Interrogatories refer to the period from [__/__/____] through the present date.

Instruction 8 - Construction: Read these Interrogatories consistently with SDCL 15-6-1 and the limits in SDCL 15-6-26(b). No definition or instruction expands the permissible scope of discovery.

INTERROGATORIES

PART A: PARTY IDENTIFICATION AND BACKGROUND

INTERROGATORY NO. 1:
State Your full legal name, other names materially connected to the claims or defenses, current address, and current telephone number. Add a date of birth, prior address, partial identifying number, or other sensitive identifier only if it is material to the action and after selecting appropriate confidentiality and redaction protections.

INTERROGATORY NO. 2:
If You are a business entity, state:
(a) Your full legal name and all trade names, d/b/a names, or assumed names;
(b) Your form of organization (corporation, LLC, partnership, etc.);
(c) Your state of incorporation or organization and date of formation;
(d) Your principal place of business address;
(e) Whether You are registered to do business in South Dakota;
(f) The names and titles of all current officers, directors, partners, managers, or members, as applicable; and
(g) The name of Your registered agent in South Dakota, if any.

INTERROGATORY NO. 3:
Identify each person who participated in preparing, reviewing, or approving the answers to these Interrogatories, and for each such person, state their name, title or position, and the nature of their participation.

PART B: FACTUAL BASIS FOR CLAIMS AND DEFENSES

INTERROGATORY NO. 4:
For each affirmative defense asserted in Your Answer to the Complaint, state:
(a) All facts upon which You rely to support such defense;
(b) The identity of each person who has knowledge of facts supporting such defense;
(c) The identity of each Document that supports or relates to such defense; and
(d) The identity of any expert witness You intend to call to testify regarding such defense.

INTERROGATORY NO. 5:
If You contend that Plaintiff was comparatively negligent or at fault in any manner, state:
(a) Each act or omission You contend constitutes comparative negligence or fault;
(b) The factual basis for each such contention;
(c) The identity of each witness who has knowledge of Plaintiff's alleged comparative negligence or fault; and
(d) The identity of each Document that supports Your contention.

INTERROGATORY NO. 6:
If You deny any of the allegations contained in Plaintiff's Complaint, state for each denial:
(a) The specific paragraph or allegation You deny;
(b) The factual basis for Your denial;
(c) The identity of each witness with knowledge supporting Your denial; and
(d) The identity of each Document supporting Your denial.

PART C: WITNESSES

INTERROGATORY NO. 7:
Identify each person who has knowledge of or information relating to the facts, circumstances, or events giving rise to this lawsuit, including but not limited to the Incident, and for each such person state:
(a) Their name, address, and telephone number;
(b) Their relationship to You, if any;
(c) A summary of the facts or information known to such person; and
(d) Whether You have obtained any written or recorded statement from such person, and if so, the date thereof.

INTERROGATORY NO. 8:
Identify each person whom You expect to call as a witness at the trial of this matter, and for each such person state:
(a) Their name, address, and telephone number;
(b) The subject matter of their expected testimony; and
(c) Whether such person is a fact witness, an expert witness, or both.

PART D: EXPERT WITNESSES

INTERROGATORY NO. 9:
For each person You expect to call as an expert witness at trial, state:
(a) The expert's full name, business address, and telephone number;
(b) The expert's field(s) of expertise;
(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; and
(e) A summary of the grounds for each opinion.

PART E: DOCUMENTS AND EVIDENCE

INTERROGATORY NO. 10:
Identify each Document that You may use to support Your claims or defenses in this action, including Documents You may use at trial, and state the present location and custodian of each such Document.

INTERROGATORY NO. 11:
Identify each photograph, video recording, audio recording, or other visual or audio depiction relating to the Incident, the parties, the witnesses, or the damages claimed in this action, and for each state:
(a) The date it was created;
(b) The person who created it;
(c) The subject matter depicted;
(d) The present location and custodian; and
(e) Whether the original is available.

INTERROGATORY NO. 12:
Identify all electronically stored information (ESI) in Your possession, custody, or control that relates to the subject matter of this lawsuit, including the type of ESI, the systems or devices on which it is stored, and the identity of the custodian(s).

PART F: COMMUNICATIONS

INTERROGATORY NO. 13:
Identify each Communication between You and Plaintiff (or any person acting on Plaintiff's behalf) relating to the subject matter of this lawsuit, and for each such Communication state:
(a) The date and time of the Communication;
(b) The participants in the Communication;
(c) The medium of the Communication (in person, telephone, email, etc.);
(d) The substance of the Communication; and
(e) Whether the Communication was memorialized in any Document.

INTERROGATORY NO. 14:
Identify each Communication between You and any third party relating to the subject matter of this lawsuit, and for each such Communication provide the same information requested in Interrogatory No. 13.

PART G: DAMAGES

INTERROGATORY NO. 15:
If You contend that Plaintiff's claimed damages should be reduced, offset, limited, or denied in any manner, state:
(a) Each ground upon which You base such contention;
(b) All facts supporting each such ground;
(c) The identity of each witness who has knowledge supporting Your contention;
(d) The identity of each Document supporting Your contention; and
(e) The specific amount or calculation, if any, by which You contend Plaintiff's damages should be reduced.

INTERROGATORY NO. 16:
If You assert any counterclaim in this action, state:
(a) The factual basis for each counterclaim;
(b) The legal theory or theories supporting each counterclaim;
(c) The damages You claim, itemized by category;
(d) The calculation or method used to determine the amount of damages claimed; and
(e) The identity of each witness and Document supporting each counterclaim.

PART H: INSURANCE

INTERROGATORY NO. 17:
Identify each insurance policy that may provide coverage for any of the claims asserted in this action, and for each policy state:
(a) The name and address of the insurance company;
(b) The policy number;
(c) The policy period (effective and expiration dates);
(d) The types of coverage provided;
(e) The limits of liability, including per-occurrence and aggregate limits;
(f) The amount of any deductible or self-insured retention;
(g) Whether any reservation of rights letter has been issued;
(h) Whether coverage has been denied, and if so, the grounds for denial; and
(i) The name and contact information of the claims adjuster or representative handling this matter.

PART I: PRIOR CLAIMS AND LITIGATION

INTERROGATORY NO. 18:
Identify each other lawsuit, claim, administrative proceeding, or legal proceeding that concerns the same incident, transaction, condition, damages, representation, or another specifically identified issue material to this action, and for each state:
(a) The court or tribunal;
(b) The case number;
(c) The names of all parties;
(d) The nature of the claims;
(e) The disposition or current status; and
(f) Whether the proceeding relates in any way to the subject matter of this action.

PART J: INCIDENT-SPECIFIC INTERROGATORIES

INTERROGATORY NO. 19:
Describe in detail the facts and circumstances of the Incident that is the subject of this lawsuit, including:
(a) The date, time, and location of the Incident;
(b) A detailed narrative of what occurred;
(c) The identity of each person present or involved;
(d) Any statements made by any person at or near the time of the Incident;
(e) Any actions taken by You or anyone on Your behalf immediately following the Incident; and
(f) Any investigation conducted by You or anyone on Your behalf regarding the Incident.

INTERROGATORY NO. 20:
State whether You have made any admissions, given any statements (oral, written, or recorded), or provided any account of the Incident to any person, and if so, for each such statement:
(a) Identify the person to whom the statement was made;
(b) State the date and location;
(c) Describe whether the statement was oral, written, or recorded;
(d) Summarize the substance of the statement; and
(e) State whether a copy of any written or recorded statement exists and, if so, its location.

PART K: ADDITIONAL INFORMATION

INTERROGATORY NO. 21:
Identify any agreements, contracts, or understandings (written or oral) between You and any other party or person relating to the subject matter of this lawsuit, including the parties to such agreement, the date, and the subject matter.

INTERROGATORY NO. 22:
If there are any facts, matters, or circumstances not covered by the foregoing Interrogatories that You believe are relevant to this lawsuit and that may support Your claims or defenses, please describe them fully, including the identity of all witnesses and Documents relating thereto.

OPTIONAL RESPONDENT ANSWER VERIFICATION

STATE OF [________________________________]

COUNTY OF [________________________________]

I, [________________________________], being first duly sworn upon oath, depose and state as follows:

☐ I am the Defendant in this action and have personal knowledge of the matters set forth herein.

☐ I am [________________________________] [title/position] of [________________________________] [Defendant entity name], the Defendant in this action, and am authorized to make this verification on its behalf.

I have read the foregoing Answers to Plaintiff's First Set of Interrogatories and the facts stated therein are true and correct to the best of my knowledge, information, and belief.

I understand that these answers are made under oath.

Signature: [________________________________]

Printed Name: [________________________________]

Title (if applicable): [________________________________]

Date: [__/__/____]

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

Signature: [________________________________]

Printed Name: [________________________________]

Notary Public, State of South Dakota

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT upon counsel for Defendant by the following method(s) authorized by SDCL 15-6-5(b):

☐ Delivery to counsel or counsel's employee at counsel's office

☐ First-class mail to counsel's last known address

☐ Email to counsel's designated or State Bar directory service address

☐ Facsimile transmission satisfying SDCL 15-6-5(b)(3)(D)

☐ Electronic service through the Odyssey system

☐ Other: [________________________________]

to the following:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]
Attorney for Defendant

Signature: [________________________________]

[________________________________]
Attorney for Plaintiff
South Dakota Bar No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

SOUTH DAKOTA PRACTICE NOTES FOR INTERROGATORIES

Statutory Framework

SDCL 15-6-33 governs interrogatories in South Dakota state court civil actions:

• SDCL 15-6-33(a) - Availability and Procedures: Establishes the right to serve interrogatories and sets forth procedural requirements including the 30-day response period and a defendant's option to respond within 45 days after service of the summons and complaint.

• SDCL 15-6-33(b) - Scope and Use at Trial: Interrogatories may relate to any matter within the scope of discovery under SDCL 15-6-26(b), and answers may be used at trial to the extent permitted by the rules of evidence.

• SDCL 15-6-33(c) - Option to Produce Business Records: Allows a party to specify business records from which an answer may be derived, provided the burden of ascertaining the answer is substantially the same for both parties.

Key Practice Points

1. Interrogatory Count: SDCL 15-6-33 contains no general numerical cap. Do not import the federal 25-interrogatory limit. SDCL 15-6-73's ten-interrogatory cap is limited to the expedited local-intergovernmental-action procedure associated with SDCL 15-6-72.1.

2. Response Timing:
   - Standard response deadline: 30 days from service
   - A defendant need not respond before 45 days after service of the summons and complaint
   - In the absence of a court order, parties may agree in writing to different deadlines
   - Court may order shorter or longer response periods

3. Format Requirements:
   - Answers must be in writing
   - Answers must be under oath (verified)
   - Each interrogatory must be set out immediately before the answer
   - Answers signed by the person making them
   - Objections signed by the attorney

4. Objections:
   - Must state all grounds with specificity
   - Grounds not stated in timely objection are waived
   - Waiver may be excused for good cause
   - Partial objections permitted - answer the non-objectionable portion

5. Continuing Duty: Under SDCL 15-6-26(e), parties must supplement interrogatory responses if they learn that a response is materially incomplete or incorrect.

6. Sanctions for Failure to Respond: SDCL 15-6-37(d) provides that failure to serve answers or objections may result in court sanctions, including those authorized under SDCL 15-6-37(b)(2).

7. Motion to Compel: If the responding party fails to answer or provides inadequate answers, the propounding party may file a motion to compel under SDCL 15-6-37(a).

8. Service and Filing: SDCL 15-6-5(b) governs service and proof. Under SDCL 15-6-5(d), the original served paper and proof of service must be filed forthwith if not filed before service, unless a controlling order supplies a different procedure.

Local Circuit Court Rules

SDCL 15-6-37(a)(2) already requires a motion to compel to certify a good-faith conference or attempted conference. Practitioners should also review the assigned court's orders and practices for additional requirements regarding:

• Discovery scheduling
• The form and record of the required pre-motion conference
• Format and filing requirements
• Page or length limitations

Electronic Discovery Considerations

For cases involving electronically stored information (ESI), practitioners should:

• Keep requests within SDCL 15-6-26(b)'s relevance, privilege, cumulative, duplicative, burden, and expense limits
• Treat production questions consistently with SDCL 15-6-34(a)'s coverage of data compilations
• Address preservation, production form, and confidentiality through applicable law, court orders, and party agreements rather than importing the current federal ESI subparts into South Dakota's rule text

SOURCES AND REFERENCES

• South Dakota Codified Laws, Title 15, Chapter 6: Rules of Procedure in Circuit Courts
• SDCL 15-6-1: Scope and construction — https://sdlegislature.gov/api/Statutes/Statute/15-6-1
• SDCL 15-6-5(b), (d): Service, proof, and filing — https://sdlegislature.gov/api/Statutes/Statute/15-6-5(b)
• SDCL 15-6-26: General Provisions Governing Discovery — https://sdlegislature.gov/api/Statutes/Statute/15-6-26(b)
• SDCL 15-6-33: Interrogatories to Parties — https://sdlegislature.gov/api/Statutes/Statute/15-6-33(a)
• SDCL 15-6-34: Production of Documents and Things — https://sdlegislature.gov/api/Statutes/Statute/15-6-34(a)
• SDCL 15-6-37: Refusal to Make Discovery; Consequences — https://sdlegislature.gov/api/Statutes/Statute/15-6-37(a)
• SDCL 15-6-72.1 and 15-6-73: Expedited local-intergovernmental actions and discovery cap — https://sdlegislature.gov/api/Statutes/Statute/15-6-73
• South Dakota Unified Judicial System: https://ujs.sd.gov
• South Dakota Legislature: https://sdlegislature.gov/Statutes/15-6

This template is provided for informational purposes only. Legal requirements and local practices may vary. Always consult with a qualified South Dakota attorney before filing any court documents.