[COURT CAPTION]
[CIRCUIT COURT OF THE STATE OF SOUTH DAKOTA]
[TH JUDICIAL CIRCUIT]
[COUNTY OF _]
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
Civil File No.: [COURT FILE NO.]
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT
[// GUIDANCE: Replace “Plaintiff” and “Defendant” in the title if roles are reversed.]
TABLE OF CONTENTS
- Introductory Statement & Rule 33 Compliance
- Definitions
- General Instructions
- Interrogatories (Nos. 1-[##])
- Verification
- Certificate of Service
1. INTRODUCTORY STATEMENT & RULE 33 COMPLIANCE
Pursuant to Rule 33 of the South Dakota Rules of Civil Procedure, Plaintiff propounds the following Interrogatories to be answered fully, in writing, and under oath within thirty (30) days after service hereof, or within such other time as the Court may order or the parties may stipulate.
[// GUIDANCE: SD R. Civ. P. 33 sets the default 30-day response deadline. Check for scheduling orders that supersede this default.]
2. DEFINITIONS
For purposes of these Interrogatories, the following terms shall have the meanings set forth below:
“Communication” means every manner or means of disclosure, transfer, or exchange of information, including in-person conversations, telephone calls, emails, text messages, letters, memoranda, and social-media messages.
“Document(s)” has the broadest meaning permissible under Rule 34 and includes electronically stored information (ESI).
“Identify” (when referring to a natural person) means to state the person’s full name, present or last known address, present or last known telephone number, and present or last known employer and job title.
“You,” “Your,” or “Defendant” means [DEFENDANT NAME], its agents, representatives, employees, officers, directors, affiliates, predecessors, successors, attorneys, and anyone acting on its behalf.
[// GUIDANCE: Add, delete, or modify definitions to fit the specific case.]
3. GENERAL INSTRUCTIONS
3.1 Answer each Interrogatory separately and fully, in writing, and under oath, pursuant to Rule 33.
3.2 If You object to any Interrogatory, state with specificity all grounds for objection. If an Interrogatory is objectionable in part, answer the unobjectionable portion.
3.3 If You withhold information based on a claim of privilege or protection, expressly make the claim and produce a privilege log compliant with Rule 26(b)(5), identifying:
a. the nature of the privilege;
b. the type of Document or information withheld;
c. the subject matter;
d. the date; and
e. the author(s) and recipient(s).
3.4 These Interrogatories are deemed continuing. If You obtain additional responsive information, You must serve amended answers seasonably pursuant to Rule 26(e).
3.5 Unless a specific time period is stated, these Interrogatories refer to the period from [RELEVANT START DATE] through the present.
3.6 All terms shall be construed in the broadest, most inclusive sense permitted under South Dakota law to secure the just, speedy, and inexpensive determination of this action.
4. INTERROGATORIES
[// GUIDANCE: Interrogatories below are illustrative. Tailor to the claims and defenses at issue. Do not exceed the numeric limit imposed by Rule 33 or any scheduling order (commonly 25 total, including subparts).]
Interrogatory No. 1
Identify all persons who participated in drafting, reviewing, or approving Your Answers to these Interrogatories, and state each person’s role.
Interrogatory No. 2
Describe in detail Your factual basis for each affirmative defense asserted in Your Answer, identifying all Documents and witnesses that support each defense.
Interrogatory No. 3
State the total amount of revenue You derived from [RELEVANT PRODUCT / SERVICE] in South Dakota during the period [DATE RANGE], and identify the Documents supporting Your answer.
Interrogatory No. 4
Identify each Communication between You and Plaintiff concerning the subject matter of this lawsuit, stating the date, participants, and substance of each Communication.
Interrogatory No. 5
Describe all policies, procedures, or guidelines in effect during [DATE RANGE] that relate to [RELEVANT TOPIC], and identify the custodian of each Document memorializing such policy, procedure, or guideline.
Interrogatory No. 6
State the name, last known address, telephone number, and employment position of every individual presently or formerly employed by You who possesses knowledge of the allegations in the Complaint.
Interrogatory No. 7
If You contend that Plaintiff’s alleged damages should be reduced or offset, state all facts supporting such contention and identify all Documents evidencing the basis for reduction or offset.
Interrogatory No. 8
Describe any insurance policy(ies) that may provide coverage for the claims asserted in this action, including the insurer, policy number, limits of liability, and any reservations of rights.
Interrogatory No. 9
State all facts upon which You rely to dispute Plaintiff’s calculation of damages, and identify the Documents and witnesses supporting Your position.
Interrogatory No. 10
Identify each expert witness You intend to call at trial, stating the subject matter of the expert’s testimony, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion.
[// GUIDANCE: Continue numbering up to the agreed/allowed limit. Delete unused sample interrogatories.]
5. VERIFICATION
I, [NAME OF OFFICER OR INDIVIDUAL], being first duly sworn, state that I am [TITLE/POSITION] for the Defendant, that I have read the foregoing Answers to Interrogatories, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.
text
_____ Date: __
[NAME]
[Title]
Subscribed and sworn to before me this ___ day of __, 20__.
text
Notary Public
My Commission Expires: ______
[// GUIDANCE: South Dakota requires verification under oath. Attach jurat & notary block.]
6. 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 [STATE METHOD OF SERVICE, e.g., e-mail and U.S. Mail] as follows:
text
[Name of Counsel]
[Law Firm]
[Address]
[E-mail]
text
[ATTORNEY NAME]
[South Dakota Bar No. ______]
[Law Firm]
[Address]
[Telephone]
[E-mail]
Attorney for Plaintiff
END OF DOCUMENT
[// GUIDANCE: Review local circuit rules for additional certificates or formatting requirements. Confirm that all defined terms are used consistently and that interrogatory numbering matches any scheduling order or court limitation.]