Wisconsin State Court Discovery Interrogatories

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

STATE OF WISCONSIN — CIRCUIT COURT

STATE OF WISCONSIN
CIRCUIT COURT
[________________________________] COUNTY

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

Pursuant to Wis. Stat. ch. 804

Attorney Information

INTRODUCTORY STATEMENT

Plaintiff, [________________________________], by and through undersigned counsel, pursuant to Wisconsin Statutes Chapter 804, propounds the following Interrogatories upon Defendant, [________________________________], to be answered separately, fully, in writing, and under oath.

Count and deadline control. Before service, delete unused requests and subparts so that this party's interrogatories do not exceed the reasonable-number limit of 25, including all subparts, under Wis. Stat. § 804.08(1)(am), unless a stipulation or court order permits more. Enter the cumulative count [DETAILS], any stipulation, order, or local limit [DETAILS], service date and method [DETAILS], and calculated response date [DATE]. Section 804.08(1)(b) generally allows 30 days after service of the interrogatories to answer or object; a defendant may answer or object within 45 days after service of the summons and complaint, and the court may change the period.

Supplementation control. Wis. Stat. § 804.01(5) does not impose a blanket duty to supplement a response complete when made. Its listed exceptions and any applicable order or agreement govern later corrections or updates.

DEFINITIONS

For purposes of these Interrogatories, the following definitions shall apply:

1. "Action" means the above-captioned lawsuit, including all claims, counterclaims, cross-claims, and third-party claims asserted in the pleadings.

2. "Communication" means any manner of transmitting or receiving information, whether oral, written, or electronic, including but not limited to conversations, telephone calls, emails, text messages, letters, memoranda, facsimiles, social media messages, video conferences, and any other form of information exchange.

3. "Document" means any written, printed, typed, recorded, or graphic matter of any kind, however produced or reproduced, including electronically stored information ("ESI"), as broadly defined under Wis. Stat. ch. 804. This includes but is not limited to writings, drawings, graphs, charts, photographs, audio/video recordings, emails, text messages, databases, spreadsheets, metadata, and any other tangible or electronic material.

4. "Describe" means to provide a detailed narrative account including all relevant facts, circumstances, dates, times, locations, and persons involved.

5. "Identify" (when referring to a natural person) means to state the person's name, role in the events at issue, and business or other available contact information relevant to this Action, subject to applicable privacy and protective orders.

6. "Identify" (when referring to an entity) means to state the entity's full legal name, type of entity (corporation, LLC, partnership, etc.), state of formation, principal place of business address, and the name and contact information of a knowledgeable representative or registered agent.

7. "Incident" means the events, transactions, occurrences, or series of events giving rise to the claims and defenses in this litigation as described in the pleadings.

8. "Occurrence" has the same meaning as "Incident" and the terms are used interchangeably.

9. "You," "Your," or "Defendant" means [________________________________], the party served, including information available to that party through an authorized officer or agent, subject to applicable privilege and proportionality limits.

10. "Person" means any natural individual, corporation, limited liability company, partnership, association, joint venture, trust, estate, governmental entity, or any other legal or commercial entity.

11. "Relate," "Relating to," or "Concerning" means directly or indirectly referring to, describing, evidencing, constituting, mentioning, summarizing, reflecting, or having any logical connection whatsoever with the subject matter referenced.

INSTRUCTIONS

1. Separate Answers Required. Under Wis. Stat. § 804.08(1)(b), each interrogatory must be answered separately and fully in writing under oath unless objected to, in which case the reasons for objection are stated in lieu of an answer. Number each answer to match its interrogatory.

2. Oath Requirement. The person answering for the party must sign the answers under oath; the attorney making an objection signs the objection. Wis. Stat. § 804.08(1)(b).

3. Privilege or Protection. Do not disclose privileged communications or protected trial-preparation material. State the basis of an objection, and follow any applicable court order or agreement concerning descriptions of withheld material; Wis. Stat. § 804.01(2)(e) does not itself require the listed privilege-log fields.

4. Objections. State the reasons for any objection under Wis. Stat. § 804.08(1)(b). If only part of an Interrogatory is objectionable, answer the remainder to the extent it seeks discoverable information.

5. Sources of Information. When the answer is not solely within Your personal knowledge, state the name of any person possessing such knowledge and the source of the information. Include information known to You or readily obtainable by You, including information from Your agents, employees, and representatives.

6. Time Period. Unless otherwise indicated, the relevant time period for these Interrogatories is from [__/__/____] through the present.

GENERAL INTERROGATORIES

INTERROGATORY NO. 1: Party Identification

State Your full legal name, any former name relevant to this Action, and the address and contact information at which You can be reached for this litigation.

If Defendant is an entity, state the full legal name, type of entity, state of formation, date of formation, principal place of business, registered agent information, and the names and titles of all current officers, directors, members, or managing partners.

INTERROGATORY NO. 2: Persons Providing Answers

Identify all individuals who participated in preparing the answers to these Interrogatories, stating for each person their role in this Action and the specific Interrogatories for which they provided information.

INTERROGATORY NO. 3: Factual Basis for Defenses

State in detail the complete factual basis for each affirmative defense asserted in Your Answer or any amended pleading, including:

• (a) All facts supporting each defense;
• (b) The identity of each person with knowledge of facts supporting each defense;
• (c) The identity of each Document supporting each defense.

INTERROGATORY NO. 4: Witnesses

Identify every person known to You who witnessed, was present during, or has knowledge of any facts relating to the Incident or to any claim or defense in this Action. For each such person, state:

• (a) The person's full name and contact information;
• (b) The subject matter of the person's knowledge;
• (c) A summary of the facts known to that person.

INTERROGATORY NO. 5: Documents

Identify each Document or category of Documents in Your possession, custody, or control that relates to any claim or defense in this Action, including:

• (a) A description of the Document or category;
• (b) The date or date range;
• (c) The author or creator;
• (d) The current custodian and location.

INTERROGATORY NO. 6: Expert Witnesses

Identify each person You expect to call as an expert witness at trial in this Action. Wis. Stat. § 804.01(2)(d)1 permits this interrogatory; further expert discovery is governed by that subsection and any court order.

INTERROGATORY NO. 7: Damages

Itemize and describe all damages, losses, or injuries claimed or denied in this Action, including for each category of damage:

• (a) The nature of the damage;
• (b) The amount claimed or denied;
• (c) The method of calculation;
• (d) All Documents supporting the calculation;
• (e) The person most knowledgeable regarding each category.

INTERROGATORY NO. 8: Insurance

Identify every insurance agreement or policy under which any person carrying on an insurance business may be liable to satisfy part or all of any judgment in this Action, or to indemnify or reimburse for payments made to satisfy any judgment. For each policy, state:

• (a) The name and address of the insurer;
• (b) The policy number;
• (c) The type and amount of coverage, including limits;
• (d) Whether coverage has been accepted, denied, or reserved;
• (e) Any applicable deductible or self-insured retention.

INTERROGATORY NO. 9: Communications

Identify and describe all Communications between You and any person concerning the Incident, including:

• (a) The date of the Communication;
• (b) The identity of all participants;
• (c) The method of Communication;
• (d) The substance of the Communication;
• (e) Whether the Communication was recorded or memorialized.

INTERROGATORY NO. 10: Prior Claims and Lawsuits

Identify each claim, lawsuit, administrative proceeding, or arbitration during [RELEVANT PERIOD] in which You were a party and that involved allegations similar or related to those in this Action. For each, state:

• (a) The caption, case number, and court or tribunal;
• (b) The nature of the allegations;
• (c) The disposition or current status;
• (d) The amount of any judgment, settlement, or award.

INTERROGATORY NO. 11: Third-Party Liability

If You contend that any third party is wholly or partially responsible for the claims asserted in this Action, identify each such third party and state:

• (a) The nature and basis of the alleged responsibility;
• (b) The facts supporting the contention;
• (c) The identity of each witness with knowledge;
• (d) All Documents supporting the contention.

INTERROGATORY NO. 12: Fault Contentions (If Applicable)

If a negligence or other fault defense is pleaded and You contend that Plaintiff was at fault, state:

• (a) Each act or omission You attribute to Plaintiff;
• (b) The time and place of each act or omission;
• (c) The identity of each person with knowledge;
• (d) All Documents supporting Your contention;
• (e) The percentage of negligence You attribute to Plaintiff.

INTERROGATORY NO. 13: Investigations

Describe any investigations conducted by You or on Your behalf relating to the Incident, including:

• (a) The identity of each investigator;
• (b) The dates and scope of the investigation;
• (c) A summary of the findings;
• (d) All reports or Documents generated.

INTERROGATORY NO. 14: Medical Treatment (If Applicable)

If this Action involves claims for personal injury, identify every healthcare provider who examined, treated, or consulted with Plaintiff regarding injuries allegedly arising from the Incident, including:

• (a) The provider's full name, specialty, and address;
• (b) The dates of treatment or consultation;
• (c) The nature of treatment provided;
• (d) The diagnosis rendered;
• (e) The total charges billed and amounts paid.

INTERROGATORY NO. 15: Preservation of Evidence

Describe all efforts You have made to identify, locate, and preserve Documents and ESI relevant to this litigation, including:

• (a) The date any litigation hold was issued;
• (b) The persons to whom the hold was directed;
• (c) Any Documents or ESI lost, destroyed, or rendered inaccessible after the duty to preserve arose.

INTERROGATORY NO. 16: Photographs, Videos, and Recordings

Identify all photographs, videos, audio recordings, or other recordings relating to the Incident or any alleged damages, stating:

• (a) The date taken or recorded;
• (b) The author or creator;
• (c) The current custodian;
• (d) A brief description of the contents.

INTERROGATORY NO. 17: Governmental Contacts

Identify all Communications with any governmental or regulatory body concerning the Incident, including:

• (a) The agency contacted;
• (b) The date and method of contact;
• (c) The substance of the Communication;
• (d) Any reports, citations, or actions resulting from the contact.

CASE-SPECIFIC INTERROGATORIES

INTERROGATORY NO. 18:
[________________________________]
[________________________________]
[________________________________]

INTERROGATORY NO. 19:
[________________________________]
[________________________________]
[________________________________]

INTERROGATORY NO. 20:
[________________________________]
[________________________________]
[________________________________]

CERTIFICATE OF SERVICE

I certify that on the [____] day of [________________________________], 20[____], I caused a true and correct copy of the foregoing Plaintiff's First Set of Interrogatories to Defendant to be served upon counsel of record, or any unrepresented party, by the method indicated below under Wis. Stat. §§ 801.14 and 801.18:

☐ Wisconsin Circuit Court eFiling notice of activity (for registered case users when permitted by § 801.18(6)(a))
☐ Electronic mail (only if the recipient has consented in writing under § 801.14(2))
☐ U.S. Mail, postage prepaid
☐ Hand delivery
☐ Overnight courier service
☐ Other: [________________________________]

Served upon:

Signature: [________________________________]

[________________________________]
State Bar No. [________________________________]
Attorney for Plaintiff
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (Phone) | [________________________________] (Email)

PRACTICE NOTES

Wisconsin-Specific Discovery Rules

1. Interrogatory limit. Wis. Stat. § 804.08(1)(am) limits a party to a reasonable number of requests, no more than 25 interrogatories including all subparts, unless the parties stipulate or the court orders otherwise consistently with § 804.01(2). Count earlier requests and each subpart before serving this form; the statute does not impose a one-set limit.

2. Objection Procedures. Under Wis. Stat. § 804.08(1)(b), state reasons for an objection in place of an answer to the objected-to matter. The attorney making the objection must sign it.

3. Motion to Compel. Under Wis. Stat. § 804.12(1), if a party fails to answer an interrogatory, the propounding party may move on reasonable notice for an order compelling an answer. Check any applicable court order for pre-motion conference requirements.

4. Sanctions. Wis. Stat. Section 804.12(2) authorizes sanctions for failure to comply with a court order compelling discovery, including:

• ☐ Establishing designated facts as admitted
• ☐ Refusing to allow the disobedient party to support or oppose claims or defenses
• ☐ Striking pleadings or parts thereof
• ☐ Staying proceedings until compliance
• ☐ Dismissing the action or rendering default judgment
• ☐ Contempt of court

5. Proportionality. Wis. Stat. Section 804.01(2) requires that discovery be proportional to the needs of the case, considering the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, the parties' resources, and whether the burden or expense of proposed discovery outweighs its likely benefit.

6. ESI Discovery. Before serving a § 804.09 request to produce electronically stored information, confer on the subjects, preservation, form, privilege method, and cost under Wis. Stat. § 804.01(2)(e)1r, unless the court excuses that conference. Section 804.09 governs the production request itself.

SOURCES AND REFERENCES

• Wisconsin Statutes, Chapter 804 — Civil Procedure; Depositions and Discovery: https://docs.legis.wisconsin.gov/statutes/statutes/804
• Wis. Stat. § 804.08 — Interrogatories to Parties: https://docs.legis.wisconsin.gov/statutes/statutes/804.pdf
• Wis. Stat. § 804.01 — General Provisions Governing Discovery: https://docs.legis.wisconsin.gov/statutes/statutes/804.pdf