Vermont State Court Discovery Interrogatories

STATE OF VERMONT

SUPERIOR COURT -- [________________________________] UNIT

CIVIL DIVISION

Docket No.: [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

ATTORNEY INFORMATION

Propounding Attorney:

Date of Service: [__/__/____]

I. INTRODUCTORY STATEMENT

Pursuant to Vermont Rules of Civil Procedure ("V.R.C.P.") Rules 26 and 33, Plaintiff [________________________________] hereby propounds the following Interrogatories upon Defendant [________________________________], to be answered fully, separately, in writing, and under oath.

Response Deadline

Under V.R.C.P. 33, Defendant must serve sworn written answers and any objections within thirty (30) days after service of these Interrogatories. If these Interrogatories are served concurrently with the Summons and Complaint, Defendant shall have forty-two (42) days from the date of service to respond. The Court may order a different response period upon motion and for good cause shown.

Interrogatory Limit

Vermont does not impose a specific numerical limit on the number of interrogatories that may be served absent a court order or stipulation. However, all interrogatories must be relevant, non-duplicative, and proportional to the needs of the case consistent with V.R.C.P. 26(b). The Court retains discretion under V.R.C.P. 26(c) to limit discovery that is unreasonably cumulative or burdensome.

Continuing Obligation

These Interrogatories are continuing in nature. Defendant must seasonably supplement or amend any response whenever additional or corrective information becomes available, in accordance with V.R.C.P. 26(e).

II. DEFINITIONS

For purposes of these Interrogatories, the following terms shall have the meanings set forth below, unless otherwise indicated. These definitions apply regardless of capitalization:

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

2. "Plaintiff" means [________________________________], including its agents, representatives, and attorneys.

3. "Document" or "Documents" shall have the broadest meaning permitted under V.R.C.P. 34(a) and includes all writings, drawings, graphs, charts, photographs, sound recordings, images, electronically stored information ("ESI"), and other data or data compilations stored in any medium from which information can be obtained, translated if necessary into reasonably usable form. This includes drafts, non-identical copies, and metadata.

4. "Communication" means any transmission or exchange of information by any means, whether oral, written, or electronic, including but not limited to letters, memoranda, emails, text messages, instant messages, voicemails, social media messages, videoconferences, telephone conversations, and in-person discussions.

5. "Identify" when used with respect to:

• (a) A natural person -- state the person's full legal name, present or last-known home and business addresses, telephone number(s), email address(es), present or last-known employer and job title, and the person's relationship to any party in this action.
• (b) A business or other entity -- state its full legal name, form of organization (corporation, LLC, partnership, etc.), jurisdiction of formation, address of its principal place of business, and the name(s) and title(s) of the individual(s) most knowledgeable about the subject matter in question.
• (c) A document -- state its title or subject line, date, author(s), addressee(s) and recipient(s), a general description of its subject matter, Bates number range or other identifying number if applicable, and the identity of its present custodian.

6. "Incident" means the events, acts, omissions, and circumstances giving rise to this action, as described in the Complaint.

7. "Relevant Period" means the time period from [__/__/____] through the present, unless otherwise specified in an individual Interrogatory.

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

9. "Concerning" or "Relating to" means referring to, describing, evidencing, constituting, mentioning, reflecting, connected with, commenting on, regarding, or pertaining to, in whole or in part.

III. INSTRUCTIONS

1. Answer each Interrogatory separately and fully, in writing and under oath, pursuant to V.R.C.P. 33(a). Each answer must be preceded by the full text of the Interrogatory to which it responds.

2. If any Interrogatory is objected to in whole or in part, state with specificity the grounds for each objection and respond to the Interrogatory to the extent it is not objectionable. See V.R.C.P. 33(a).

3. If You withhold any information on the basis of attorney-client privilege, work-product doctrine, or any other privilege or protection, You must: (i) expressly identify the privilege claimed; and (ii) provide a privilege log that complies with V.R.C.P. 26(b)(5)(A), including the nature of the document, its date, author(s), recipient(s), general subject matter, and the specific privilege asserted.

4. Whenever knowledge or information contained in an answer is not within Your personal knowledge, identify the person(s) who possess such knowledge and state the source of the information provided.

5. An answer stating that You lack sufficient information or knowledge to respond must detail the efforts made to obtain the information.

6. These Interrogatories are deemed continuing. If You obtain additional responsive information after serving Your answers, You must promptly supplement or correct responses in accordance with V.R.C.P. 26(e).

7. The singular shall include the plural and vice versa; the masculine shall include the feminine and neuter and vice versa; and "and" shall include "or" and vice versa, as necessary to make each Interrogatory inclusive rather than exclusive.

8. Unless otherwise specified, these Interrogatories cover the Relevant Period defined above.

9. Where an Interrogatory asks You to "identify" or "describe," You must provide all information within Your possession, custody, or control, including information held by Your agents, employees, accountants, or attorneys (except information protected by valid privilege).

IV. GENERAL INTERROGATORIES

Interrogatory No. 1:
Identify every person who participated in preparing, reviewing, or supplying information for the answers to these Interrogatories, and describe each person's role and the specific Interrogatories for which each person provided information.

Interrogatory No. 2:
State Your full legal name, all trade names, assumed names, or d/b/a designations used within the past ten (10) years, Your current business address, and Your form of organization (individual, corporation, LLC, partnership, etc.).

Interrogatory No. 3:
Identify all persons known to You who have knowledge of any facts relevant to the claims or defenses in this action, and for each such person provide: (a) their full name and contact information; (b) the subject matter(s) of their knowledge; and (c) whether they were a witness to any specific event described in the pleadings.

Interrogatory No. 4:
State in detail the factual basis for each affirmative defense asserted in Your Answer, including identification of every fact, Document, and witness upon which You rely to support each defense.

Interrogatory No. 5:
Describe with particularity each Communication between You and Plaintiff (or Plaintiff's agents or representatives) Concerning the subject matter of this litigation, stating for each Communication: (a) the date; (b) all participants; (c) the medium (e.g., email, telephone, in-person); and (d) the substance of the Communication.

Interrogatory No. 6:
State in detail the chronology of events that You contend gave rise to the dispute, including the date, location, participants, and outcome of each relevant event.

Interrogatory No. 7:
Describe the policies, procedures, guidelines, protocols, or training materials in effect during the Relevant Period that relate to [________________________________], and identify each Document comprising those policies.

Interrogatory No. 8:
Identify all insurance agreements (including primary, excess, umbrella, and surplus lines policies) under which any insurance company may be liable to satisfy part or all of a judgment entered in this action or to indemnify or reimburse for payments made to satisfy such a judgment. For each policy, state: (a) the name and address of the insurer; (b) the policy number; (c) the policy period; (d) the per-occurrence and aggregate limits of liability; and (e) any applicable exclusions or endorsements that may affect coverage.

Interrogatory No. 9:
If You contend that Plaintiff was comparatively at fault or contributed to the injuries or damages alleged, describe each act or omission You attribute to Plaintiff and identify all evidence supporting that contention.

Interrogatory No. 10:
State the total amount of damages You claim to have sustained as a result of any conduct by Plaintiff, itemizing each element of damages and the method of calculation for each element.

Interrogatory No. 11:
Identify and describe all efforts made by You to mitigate or avoid damages allegedly caused by the events at issue in this litigation.

Interrogatory No. 12:
If You contend that any third party is wholly or partially responsible for the injuries or damages alleged by Plaintiff, identify each such third party and state the factual basis for Your contention.

Interrogatory No. 13:
Describe Your document retention and destruction policies applicable during the Relevant Period, including: (a) the types of Documents subject to scheduled destruction; (b) the applicable retention periods; and (c) whether a litigation hold was issued in connection with this matter, and if so, the date issued, the person(s) who issued it, and the scope of the hold.

Interrogatory No. 14:
Identify each expert witness You have retained or specially employed in anticipation of litigation or for trial, and for each expert state: (a) the expert's full name, business address, and qualifications; (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; and (d) a summary of the grounds for each opinion, as required by V.R.C.P. 26(b)(4)(A).

Interrogatory No. 15:
Identify every electronic device, server, cloud storage account, or other storage medium in Your possession, custody, or control that contains or may contain Documents or ESI relevant to the claims or defenses in this action, and describe the steps taken to preserve such ESI since the date You reasonably anticipated litigation.

Interrogatory No. 16:
Describe any investigation conducted by You or on Your behalf Concerning the Incident or the allegations in the Complaint, including: (a) the identity of the person(s) who directed the investigation; (b) the dates the investigation was conducted; (c) the identity of each person interviewed; and (d) whether any written or recorded statements were obtained.

Interrogatory No. 17:
Identify all prior lawsuits, administrative proceedings, arbitrations, or regulatory actions in which You have been a party within the past ten (10) years that involved claims similar to those asserted in this action, stating for each: (a) the tribunal; (b) the case caption and docket number; (c) the nature of the claims; and (d) the final disposition.

Interrogatory No. 18:
Describe all monetary or non-monetary benefits You contend were conferred upon Plaintiff for which You seek restitution, setoff, quantum meruit, or any other equitable relief, and state the value You assign to each such benefit.

Interrogatory No. 19:
Identify all persons who have made statements (whether written, audio-recorded, or video-recorded) relating to the matters in dispute, and for each statement provide: (a) the identity of the person who made the statement; (b) the date of the statement; (c) the format (written, audio, video); and (d) the identity of the present custodian.

Interrogatory No. 20:
Identify each Document You intend to introduce as an exhibit at trial and state the purpose for which each Document will be offered.

V. CASE-SPECIFIC INTERROGATORIES

The following blank interrogatories are provided for case-specific questions. Customize as needed for the particular claims and defenses at issue.

Interrogatory No. 21:
[________________________________]

Interrogatory No. 22:
[________________________________]

Interrogatory No. 23:
[________________________________]

Interrogatory No. 24:
[________________________________]

Interrogatory No. 25:
[________________________________]

VI. VERIFICATION

VERIFICATION OF DEFENDANT'S ANSWERS

(To be completed by the responding party when answering)

STATE OF [____]
COUNTY OF [________________________________]

I, [________________________________], being duly sworn, depose and say that:

☐ I am the Defendant in the above-captioned action.

☐ I am the [________________________________] (title/position) of Defendant [________________________________] and am authorized to make this verification on Defendant's behalf.

I have read the foregoing Answers to Plaintiff's First Set of Interrogatories and know the contents thereof. The answers are true and complete to the best of my knowledge, information, and belief.

Signature: [________________________________]
Printed Name: [________________________________]
Title/Capacity: [________________________________]
Date: [__/__/____]

NOTARIZATION

STATE OF [____]
COUNTY OF [________________________________]

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

Signature: [________________________________]
Notary Public
My Commission Expires: [__/__/____]

VII. CERTIFICATE OF SERVICE

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

Method of Service:

☐ Hand delivery
☐ First-class United States mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic filing and service through the Court's e-filing system
☐ Email (by agreement of the parties)
☐ Other: [________________________________]

Served Upon:

[________________________________], Esq.
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

Signature: [________________________________]
[________________________________], Esq.
Counsel for Plaintiff
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
Vermont Bar No.: [________________________________]

VIII. PRACTICE NOTES

A. Vermont-Specific Discovery Considerations

1. Interrogatory Limits. Vermont does not impose a fixed statutory cap on the number of interrogatories absent a court order. However, V.R.C.P. 26(b) requires that all discovery be relevant and proportional to the needs of the case. The Court may limit interrogatories under V.R.C.P. 26(c) if they are unreasonably cumulative, duplicative, or burdensome.

2. Response Deadline. Under V.R.C.P. 33, responses are due within 30 days of service. When interrogatories are served with the Summons and Complaint, the responding party has 42 days. See V.R.C.P. 33(a).

3. Objections. All objections must be stated with specificity. Boilerplate or generalized objections are disfavored and may be deemed waived. The responding party must answer to the extent any interrogatory is not objectionable. See V.R.C.P. 33(a); V.R.C.P. 37.

4. Duty to Supplement. V.R.C.P. 26(e) imposes a continuing duty to supplement responses when the responding party learns that a prior answer was incomplete or incorrect. Failure to supplement may result in exclusion of evidence or other sanctions.

5. Privilege Logs. When withholding information based on privilege, the responding party must produce a privilege log compliant with V.R.C.P. 26(b)(5)(A), identifying each withheld document or communication with sufficient detail for the propounding party and the Court to assess the privilege claim.

6. Motions to Compel. If Defendant fails to answer or provides evasive or incomplete answers, Plaintiff may file a motion to compel under V.R.C.P. 37(a). The motion must include a certification that the movant has in good faith conferred or attempted to confer with the opposing party to resolve the dispute without court intervention, as required by V.R.C.P. 26(h).

7. Sanctions. Failure to comply with discovery obligations may result in sanctions under V.R.C.P. 37, including orders establishing facts, precluding evidence, striking pleadings, or entering default judgment, as well as an award of reasonable expenses and attorney's fees.

B. Court-Specific Filing Notes

8. Vermont Superior Court Units. Vermont Superior Court is organized into units by county. Confirm the correct unit designation (e.g., "Chittenden Unit," "Rutland Unit," "Washington Unit") for the caption.

9. Electronic Filing. Vermont uses an electronic filing system (Odyssey File & Serve). Verify whether electronic filing is mandatory in the applicable unit and ensure compliance with e-filing formatting requirements. Discovery documents are generally not filed with the court unless attached to a motion.

10. Discovery Plans. Consider proposing a joint discovery plan under V.R.C.P. 26(f) at the outset of the case to establish deadlines, ESI protocols, and the scope of permissible discovery.

IX. SOURCES AND REFERENCES

• Vermont Rules of Civil Procedure, Rule 26 -- General Provisions Governing Discovery
• Vermont Rules of Civil Procedure, Rule 33 -- Interrogatories to Parties
• Vermont Rules of Civil Procedure, Rule 34 -- Production of Documents and Things
• Vermont Rules of Civil Procedure, Rule 37 -- Failure to Make Disclosure or Cooperate in Discovery
• Vermont Rules of Civil Procedure, Rule 26(e) -- Supplementation of Responses
• Vermont Rules of Civil Procedure, Rule 26(b)(5)(A) -- Privilege Log Requirements
• Vermont Rules of Civil Procedure, Rule 5 -- Service and Filing of Pleadings
• Vermont Judiciary Official Website: https://www.vermontjudiciary.org
• Vermont Discovery in Civil Cases Guide: https://www.vermontjudiciary.org/civil/discovery-civil-cases

This template is designed for use in Vermont Superior Court, Civil Division. Practitioners should verify all rule citations, confirm any local administrative orders or standing orders applicable to the assigned unit, and tailor interrogatories to the specific claims and defenses at issue in the case.