STATE OF VERMONT
SUPERIOR COURT ‒ [UNIT] │ CIVIL DIVISION
Docket No.: [______]
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT
Effective Date: [DATE]
Governing Procedural Law: Vermont Rules of Civil Procedure (“V.R.C.P.”)
[// GUIDANCE: Confirm you have not already exhausted the numerical limits of V.R.C.P. 33(a) (currently 30 interrogatories including discrete subparts) before serving this set.]
I. PRELIMINARY STATEMENT
Pursuant to V.R.C.P. 26, 33, and all other applicable rules, Plaintiff propounds the following Interrogatories, to be answered fully and separately in writing and under oath within thirty (30) days after service hereof, or within forty-five (45) days after service of the Complaint—whichever period expires later—unless the Court orders otherwise. These Interrogatories are continuing in nature; Defendant must seasonably supplement or amend any response in accordance with V.R.C.P. 26(e).
II. DEFINITIONS
Unless otherwise indicated, the following defined terms apply throughout these Interrogatories:
- “You,” “Your,” or “Defendant” means [DEFENDANT NAME], its present and former parents, subsidiaries, affiliates, officers, directors, agents, employees, attorneys, and all other persons acting or purporting to act on its behalf.
- “Plaintiff” means [PLAINTIFF NAME], including its agents, representatives, and attorneys.
- “Document” and “Documents” have the broadest meaning permitted under V.R.C.P. 34(a), including electronically stored information (“ESI”), tangible things, and drafts.
- “Communication” means any transmission of information by any means, including oral, written, or electronic.
- “Identify” when used with respect to:
a. A natural person – state the person’s full name, present or last known address, telephone number, e-mail address, present or last known employer and job title, and the person’s relationship to any party.
b. A business or other entity – state its full legal name, address of its principal place of business, and the nature of the entity.
c. A document – state its title, date, author, addressee(s), a general description of the subject matter, and the Bates range (or other identifying number), and identify the present custodian.
[// GUIDANCE: Tailor or expand definitions to fit the specific dispute.]
III. GENERAL INSTRUCTIONS
- Answer each Interrogatory separately and fully, in writing and under oath, pursuant to V.R.C.P. 33(b)(1).
- If any Interrogatory is objected to, state with specificity the grounds for objection and respond to the extent the Interrogatory is not objectionable. See V.R.C.P. 33(b)(4).
- If You withhold any information on the basis of attorney-client privilege, work-product doctrine, or any other privilege or protection, (i) expressly claim the privilege and (ii) provide a privilege log that complies with V.R.C.P. 26(b)(5)(A).
- Whenever knowledge or information in an answer is not within Your personal knowledge, state whose knowledge it is and the source of the information.
- An answer stating You lack sufficient information or knowledge must detail the efforts made to obtain the information.
- These Interrogatories are deemed to be continuing. If You obtain additional responsive information after serving Your answers, promptly supplement in accordance with V.R.C.P. 26(e).
- Singular includes plural and vice-versa; masculine includes feminine and vice-versa; “and” includes “or” and vice-versa, as necessary to make the Interrogatories inclusive rather than exclusive.
IV. INTERROGATORIES
[// GUIDANCE: Insert or revise interrogatories to align with the elements of Your claims or defenses. Each discrete subpart counts separately toward the V.R.C.P. 33(a) limit (currently 30).]
-
Identify every person who participated in preparing the answers to these Interrogatories, including attorneys, and describe each person’s role in assembling the information supplied.
-
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.
-
Describe with particularity each communication between You and Plaintiff concerning the subject matter of this litigation, stating the date, participants, medium, and substance of each communication.
-
Identify all persons with knowledge of facts relevant to the claims or defenses in this action and provide a brief description of each person’s knowledge.
-
For each Document that supports Your defenses, state the Bates number, date, author(s), recipient(s), and subject line or general subject matter.
-
Describe the policies, procedures, or guidelines in effect during the relevant period that relate to [SUBJECT MATTER], and identify the Documents comprising those policies.
-
State in detail the chronology of events that You contend gave rise to the dispute, including dates, participants, and outcomes of each relevant event.
-
Identify and describe all efforts made by You to mitigate or avoid damages allegedly caused by Plaintiff.
-
If You contend that Plaintiff breached any duty owed to You, describe each alleged breach, the duty breached, the date of breach, and the damages allegedly resulting therefrom.
-
Itemize and explain any setoffs, counterclaims, or credits You contend are applicable to reduce Plaintiff’s claimed damages.
-
Identify all insurance agreements under which an insurance business may be liable to satisfy part or all of a judgment in this action or to indemnify or reimburse for payments made to satisfy the judgment. For each, state the insurer, policy number, policy limits, and relevant exclusions.
-
Describe Your document-retention policies applicable during the relevant period, including any litigation hold issued in connection with this matter.
-
State the total amount of damages (if any) You claim to have sustained as a result of Plaintiff’s alleged conduct, itemizing each element of damages and the method of calculation.
-
Identify each expert witness You have retained or specially employed to testify at trial, stating the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. (See V.R.C.P. 26(b)(4)(A)(i).)
-
Describe any alternative dispute resolution (“ADR”) efforts undertaken prior to filing this action, including mediations or settlement negotiations, and identify the participants.
-
Identify every electronic device, server, or storage medium that contains potentially relevant ESI, and describe the steps taken to preserve such ESI.
-
State all facts supporting Your contention that [SPECIFIC ALLEGATION], including identification of all supporting documents and witnesses.
-
If You contend that any of Plaintiff’s damages were caused by third parties, identify each such third party and state the factual basis for Your contention.
-
Describe all monetary or non-monetary benefits You contend were conferred upon Plaintiff and for which You seek restitution, quantum meruit, or any other equitable relief.
-
Identify all persons who have made statements (written or recorded) relating to the matters in dispute, the custodian of each statement, and whether the statement is written, audio, or video.
[ADD ADDITIONAL INTERROGATORIES AS NEEDED, NOT EXCEEDING THE RULE 33(a) LIMIT.]
V. VERIFICATION
I, ______, being duly sworn, depose and say that I am the [TITLE/POSITION] of Defendant [DEFENDANT NAME]; that I have read the foregoing answers to Plaintiff’s First Set of Interrogatories and know the contents thereof; and that said answers are true and complete to the best of my knowledge, information, and belief.
Date: _______
[PRINT NAME]
[CAPACITY] for Defendant
STATE OF __
COUNTY OF _
Subscribed and sworn to before me this _ day of _, 20____.
Notary Public
My commission expires: _____
VI. 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 [METHOD OF SERVICE] upon the following counsel of record:
• [Opposing Counsel Name], Esq.
[Law Firm]
[Address]
[E-Mail]
Date: _______
[ATTORNEY NAME], Esq.
Counsel for Plaintiff
[Law Firm]
[Address]
[Telephone] | [E-Mail]
[// GUIDANCE:
1. Double-check court-specific units (“Civil Division,” “Rutland Unit,” etc.) and docket formatting.
2. Add additional interrogatories keyed to elements of your claims or defenses; reserve numbers so you remain within the V.R.C.P. 33(a) cap.
3. If electronic filing is required, convert to PDF with OCR and ensure Exhibit labels/Bates numbers are embedded.
4. File a separate Notice of Service if the court’s e-filing rules so require.
]