[// =====================================================================]
[// UTAH STATE DISTRICT COURT ]
[// CIVIL DISCOVERY TEMPLATE ]
[// =====================================================================]
IN THE [] JUDICIAL DISTRICT COURT
IN AND FOR [] COUNTY, STATE OF UTAH
[PLAINTIFF NAME(S)], )
)
Plaintiff(s), )
) VERIFIED
v. ) [PLAINTIFF’S/DEFENDANT’S]
) FIRST SET OF INTERROGATORIES
[DEFENDANT NAME(S)], ) TO [ANSWERING PARTY]
)
Defendant(s). ) Civil No. [_]
) Judge []
_______ )
[// GUIDANCE: Insert complete caption consistent with Utah R. Civ. P. 10.]
=====================================================================
RECITALS
=====================================================================
Pursuant to Utah Rules of Civil Procedure 26 and 33, and within the discovery
limits applicable to this action’s discovery tier, [PROPONDING PARTY] hereby
propounds the following Interrogatories to [ANSWERING PARTY]. Answers must be
served in writing, under oath, and within 28 days after service hereof, unless
the parties stipulate or the Court orders otherwise. See Utah R. Civ. P.
33(b)(3).
=====================================================================
TABLE OF CONTENTS
=====================================================================
I. Definitions..................................................... 2
II. Instructions & General Objections............................... 3
III. Interrogatories (Nos. 1-[##])................................... 5
IV. Verification.................................................... [p]
V. Certificate of Service......................................... [p]
[// GUIDANCE: Page numbers will update automatically in a word-processor.]
=====================================================================
I. DEFINITIONS
=====================================================================
For purposes of these Interrogatories, the following terms shall have the
meanings set forth below. These definitions apply regardless of whether a term
is capitalized, pluralized, or otherwise varied.
-
“Action” means the above-captioned lawsuit, including all claims,
defenses, counterclaims, and third-party claims. -
“Answering Party” means the party to whom these Interrogatories are
directed, including the Answering Party’s officers, directors, members,
managers, partners, employees, agents, attorneys, and any Person acting or
purporting to act on its behalf. -
“Communication” means any transmission of information, whether written,
oral, electronic, or otherwise, including without limitation e-mails,
text messages, letters, memoranda, voicemails, meetings, and telephone
calls. -
“Document” is defined as broadly as permitted under Utah R. Civ. P.
34(a) and Utah R. Evid. 1001, and includes electronically stored
information (“ESI”). -
“Identify” or “Identification” when used with respect to:
a. A natural person: state the person’s full name, present or last-known
address, telephone number, and employer and position at the relevant
time.
b. A business entity: state its full legal name, state of organization,
principal place of business, and the name and contact information of
its registered agent.
c. A Document: state the title, date, author(s), recipient(s), general
subject matter, and the Bates range or other means of locating it.
d. A Communication: state the date, mode (e.g., telephone, e-mail),
participants, and substance. -
“Person” means any natural person or legal entity.
-
“You” and “Your” refer to the Answering Party.
-
All other terms shall be construed in accordance with the Utah Rules of
Civil Procedure.
=====================================================================
II. INSTRUCTIONS & GENERAL OBJECTIONS
=====================================================================
A. Governing Rules
These Interrogatories are propounded under Utah R. Civ. P. 26 and 33 and are
subject to the standard discovery limits set forth in Rule 26(c)(5) for the
applicable discovery tier. Without prior stipulation or court order, the
number of interrogatories (including discrete subparts) shall not exceed:
• Tier 1 (≤ $50,000): 5
• Tier 2 (>$50,000 – ≤ $300,000): 10
• Tier 3 (> $300,000): 20
If this Action is not assigned to a tier, the limit is 15 interrogatories
including subparts. See Utah R. Civ. P. 33(a)(2).
B. Duty to Answer Fully
Each Interrogatory must be answered separately and fully in writing under
oath. If You lack the knowledge necessary to answer fully, describe Your
efforts to obtain the information. See Utah R. Civ. P. 33(b).
C. Time for Response
Answers and any objections are due within 28 days after service. Failure to
timely respond may result in sanctions under Utah R. Civ. P. 37.
D. Continuation Duty
These Interrogatories are deemed continuing; You must seasonably amend
answers if they become incomplete or inaccurate. Utah R. Civ. P. 26(e).
E. Privilege & Work-Product
1. If You withhold information based on privilege or work-product, produce a
privilege log that complies with Utah R. Civ. P. 26(b)(6)(A).
2. No waiver is intended by inadvertent disclosure; promptly notify
Propounding Party of any such disclosure so the procedures in
Rule 26(b)(6)(B) may be followed.
F. Objections
State each specific objection and answer the remainder of the Interrogatory
that is not objectionable. General or blanket objections that do not
address a specific Interrogatory are improper and will be disregarded.
G. Electronically Stored Information (“ESI”)
Identify the sources of ESI You searched and the search parameters used.
If ESI has been withheld as unduly burdensome, describe the burden with
particularity.
H. References to Documents
When the answer may be derived from business records, You must comply with
Utah R. Civ. P. 33(d) and specify the records in sufficient detail to enable
Propounding Party to locate and identify them as readily as You could.
=====================================================================
III. INTERROGATORIES
=====================================================================
[// GUIDANCE: Delete or duplicate interrogatories to stay within the tier limit.]
INTERROGATORY NO. 1:
Identify all Persons with knowledge of any fact alleged in the pleadings and
state the subject matter of each Person’s knowledge.
INTERROGATORY NO. 2:
State in detail every fact that supports each affirmative defense You have
pleaded in this Action.
INTERROGATORY NO. 3:
Identify and describe all Documents that support Your response to
Interrogatory No. 2.
INTERROGATORY NO. 4:
State the total amount of damages You contend were caused by Propounding Party
and describe the method of calculation for each component of such damages.
INTERROGATORY NO. 5:
Describe all Communications between You and Propounding Party that relate to
the subject matter of this Action, including the date, participants, and a
summary of each Communication.
[// GUIDANCE: Insert additional interrogatories here, not to exceed the applicable limit.]
=====================================================================
IV. VERIFICATION
=====================================================================
STATE OF _ )
) ss.
COUNTY OF _ )
I, ____, being first duly sworn, depose and state that
I am authorized to make this Verification for and on behalf of
[ANSWERING PARTY]; that I have read the foregoing Answers to Interrogatories and
know the contents thereof; and that the same are true and correct to the best
of my knowledge, information, and belief.
[Name & Title]
for [ANSWERING PARTY]
Subscribed and sworn to before me on this ___ day of ____, 20__.
Notary Public
Residing at: ____
My Commission Expires: ___
=====================================================================
V. CERTIFICATE OF SERVICE
=====================================================================
I hereby certify that on the ___ day of ____, 20__, I caused a true and
correct copy of the foregoing VERIFIED [PLAINTIFF’S/DEFENDANT’S] FIRST SET OF
INTERROGATORIES TO [ANSWERING PARTY] to be served upon all counsel of record
by [⧠ electronic filing system / ⧠ e-mail / ⧠ hand delivery / ⧠ U.S. Mail],
addressed as follows:
[Name]
[Law Firm]
[Address]
[E-mail]
[Attorney Name]
Counsel for [Propounding Party]
Bar No. ____
[Address]
[Telephone]
[E-mail]
[// GUIDANCE: Delete service methods that do not apply and ensure compliance with
Utah R. Civ. P. 5 regarding electronic service.]
[// =====================================================================]
[// END OF DOCUMENT ]
[// =====================================================================]
[// GUIDANCE:
1. Confirm the discovery tier under Utah R. Civ. P. 26(c) before finalizing the
number of interrogatories.
2. Tailor the substantive interrogatories to the specific claims and defenses
at issue.
3. Review local court rules for any additional discovery limitations or required
certifications.
4. Attach a proposed protective order if confidential information is expected
to be disclosed.
5. Always preserve the meta-data of ESI to avoid spoliation claims.
]