State Court Discovery - Interrogatories

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT

(Virginia State Court – Civil Action)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Preliminary Statement & Instructions
4. General Objections
5. Specific Interrogatories (Nos. 1-__[##]__)
6. Verification
7. Certificate of Service

1. DOCUMENT HEADER

In the [☐ Circuit / ☐ General District] Court of [CITY/COUNTY], Virginia

Civil Action No.: [CASE NO.]
Judge: [NAME]
Date of Service: [MM/DD/YYYY]

PLAINTIFF [PLAINTIFF NAME], by counsel and pursuant to Rule 4:8 of the Rules of the Supreme Court of Virginia, hereby propounds the following Interrogatories to DEFENDANT [DEFENDANT NAME]. Written answers, under oath, are due within 21 days of service.

2. DEFINITIONS

For purposes of these Interrogatories, the following capitalized terms shall have the meanings set forth below. Each definition applies equally to its singular and plural forms and to all tenses.

“Action” – This civil lawsuit, styled as above.
“Communication” – Any oral, written, electronic, or other transfer of information.
“Document(s)” – All writings, electronically stored information (“ESI”), recordings, and tangible things within the scope of Rule 4:1(b).
“Identify” (a person) – Provide full name, present or last known address, telephone number, and relationship to any party.
“Identify” (a document) – Provide date, author, recipient(s), type, and subject matter.
“Person” – Any natural person, corporation, partnership, association, governmental entity, or other legal or business entity.
“You,” “Your,” or “Defendant” – [DEFENDANT NAME], including all agents, employees, representatives, and attorneys.

3. PRELIMINARY STATEMENT & INSTRUCTIONS

3.1 Answer each Interrogatory separately and fully in writing, under oath, and within the time required by Rule 4:8.

3.2 If You object, state the specific ground(s) and answer the non-objected portion.

3.3 If You cannot answer in full, answer to the extent possible, stating the reason for the inability and what information, knowledge, or belief You have concerning the unanswered portion.

3.4 These Interrogatories are deemed continuing; You must seasonably supplement or correct any response as required by Rule 4:1(e).

3.5 If You contend that any information is privileged or otherwise protected, identify the nature of the privilege and provide sufficient information to enable an assessment of the claim (i.e., privilege log).

3.6 Unless otherwise specified, the relevant time period is [START DATE] through the present.

3.7 All answers shall be typed in the space following each Interrogatory or on a separate sheet reciting the Interrogatory verbatim.

4. GENERAL OBJECTIONS

A. Defendant objects to the Interrogatories to the extent they seek information protected by the attorney-client privilege, work-product doctrine, or any other applicable privilege or immunity.

B. Defendant objects to each Interrogatory to the extent it is overbroad, unduly burdensome, not proportional to the needs of the case, or seeks information that is neither relevant to any party’s claim or defense nor reasonably calculated to lead to the discovery of admissible evidence.

C. Defendant’s identification of documents shall not be construed as an admission of authenticity, relevance, or admissibility.

D. Defendant reserves all objections available under the Virginia Rules of Evidence for trial purposes.

5. SPECIFIC INTERROGATORIES

NOTE: Do not exceed 30 interrogatories (including discrete sub-parts) per Rule 4:8. The placeholders below illustrate common categories; revise to suit the pleadings and affirmative defenses.

Interrogatory No. 1

Identify all Persons who assisted in preparing Your answers to these Interrogatories, stating each individual’s role and the Interrogatory numbers for which assistance was provided.

Interrogatory No. 2

State in detail each factual basis for every affirmative defense pled in Your responsive pleadings, including identification of all Documents and Persons supporting each fact.

Interrogatory No. 3

Identify all Persons with knowledge of any fact alleged in the Complaint or Your Answer, and summarize the knowledge each Person possesses.

Interrogatory No. 4

Describe the nature and amount of any damages You contend were caused by Plaintiff, including the method of computation and all Documents supporting such computation.

Interrogatory No. 5

For each Communication between You and Plaintiff concerning the subject matter of this Action, state the date, mode (e.g., email, telephone), participants, and substance.

Interrogatory No. 6

Identify all insurance policies (primary, excess, or umbrella) that may provide coverage for the claims asserted, including policy number, limits, carrier, and named insured.

Interrogatory No. 7

If You contend that any Document requested by Plaintiff is unavailable, lost, destroyed, or no longer in Your possession, custody, or control, state the circumstances of such loss or destruction, the date thereof, and the Person responsible.

Interrogatory No. 8

Identify each expert witness You intend to call at trial, and for each expert state the subject matter of expected testimony, the substance of facts and opinions, and a summary of the grounds for each opinion.

Interrogatory No. 9

Describe in detail all efforts undertaken to preserve potentially relevant Documents and ESI after You reasonably anticipated litigation with Plaintiff.

Interrogatory No. 10

State every fact upon which You rely to support Your contention that Plaintiff failed to mitigate his/her/its damages.

Interrogatory No. 11

Identify all Persons who have given statements—written, recorded, or otherwise—regarding the claims or defenses in this Action, and for each state the date, form, and current custodian of the statement.

Interrogatory No. 12

Describe any settlement discussions or offers exchanged between the parties prior to the filing of this Action, including dates, participants, and general terms (excluding privileged attorney impressions).

Interrogatory No. 13

Identify all governmental or regulatory investigations, inquiries, or proceedings that relate to the subject matter of this Action within the relevant time period.

Interrogatory No. 14

Set forth each item of special equipment, software, or technical expertise required to access ESI in Your possession, custody, or control that is relevant to this Action.

Interrogatory No. 15

State every factual basis for Your denial of liability in this Action.

[Add Interrogatory Nos. 16-30 as needed, ensuring total count (including sub-parts) does not exceed 30.]

6. VERIFICATION

I, [DEFENDANT REPRESENTATIVE NAME & TITLE], being duly sworn, depose and say that I have read the foregoing Answers to Interrogatories and that they are true and complete to the best of my knowledge, information, and belief.

_____________________________________
Signature of Affiant

Date: _____________________

State/Commonwealth of ______________
City/County of _____________________

Subscribed and sworn before me this ___ day of __________, 20__, by [NAME].

_____________________________________
Notary Public

My commission expires: _____________
Notary Registration No.: ___________

7. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __________, 20__, a true copy of the foregoing Plaintiff’s First Set of Interrogatories to Defendant was served via □ hand-delivery / □ mail / □ electronic mail in accordance with Va. Sup. Ct. R. 1:12 upon:

[OPPOSING COUNSEL NAME]
[FIRM NAME]
[ADDRESS]
[EMAIL]

_____________________________________
[PLAINTIFF’S COUNSEL NAME] (VSB No. ______)
[LAW FIRM NAME]
[ADDRESS] • [PHONE] • [EMAIL]

Attorney for Plaintiff