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.

Response Deadline: Pursuant to Wis. Stat. Section 804.08(1), Defendant must serve a copy of the answers and any objections within thirty (30) days after service of these Interrogatories. If Defendant was served with the Summons and Complaint contemporaneously with these Interrogatories, Defendant may serve answers or objections within forty-five (45) days after service of the Summons and Complaint upon Defendant.

Interrogatory Limit: Under Wis. Stat. Section 804.08(1), each party is limited to twenty-five (25) interrogatories, including all subparts, unless otherwise stipulated by the parties or ordered by the court in a manner consistent with Wis. Stat. Section 804.01(2). Wisconsin law permits only one set of interrogatories per party unless leave of court is obtained.

Continuing Duty to Supplement: Pursuant to Wis. Stat. Section 804.01(6), Defendant has a continuing duty to seasonably amend or supplement any response to these Interrogatories if Defendant obtains information upon the basis of which the response was incorrect when made, or the response, though correct when made, is no longer true and the circumstances are such that failure to amend the response is in substance a knowing concealment.

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 full legal name, present or last-known residential address, present or last-known business address, present or last-known telephone number, present or last-known email address, present or last-known employer and position, and relationship to any party in this Action.

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 [________________________________], including all present and former officers, directors, members, managers, partners, employees, agents, representatives, attorneys, insurers, predecessors, successors, subsidiaries, affiliates, and all other persons acting or purporting to act on Defendant's behalf.

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. Each Interrogatory must be answered separately and fully in writing under oath. Restate each Interrogatory in full immediately before the corresponding answer. Pursuant to Wis. Stat. Section 804.08(1), each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer.

2. Oath Requirement. All answers must be signed under oath by the party answering these Interrogatories — not merely by counsel. The answers are to be signed by the person making them, and the objections signed by the attorney making them. Wis. Stat. Section 804.08(1).

3. Privilege Log. If any information is withheld based on a claim of attorney-client privilege, work-product protection, or any other privilege or immunity, Defendant must produce a privilege log identifying the nature of the document, the author, recipient, date, and basis for the claim of privilege, sufficient to enable other parties to assess the claim, consistent with Wisconsin discovery rules.

4. Supplementation Duty. These Interrogatories are deemed continuing. Pursuant to Wis. Stat. Section 804.01(6), Defendant must seasonably amend or supplement any response that is in some material respect incomplete or incorrect.

5. Objections. State any objection with specificity, including both the legal and factual basis for the objection. General or boilerplate objections are disfavored. If an objection is asserted as to part of an Interrogatory, answer the remainder to the extent not objectionable.

6. 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.

7. 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, all former names or aliases, date of birth, current residential address, current mailing address (if different), all telephone numbers, all email addresses, Social Security Number (last four digits only), and driver's license number and state of issuance.

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 expert witness You have retained, specially employed, or expect to call at trial in this Action, and for each such expert provide:

• (a) The expert's full name, business address, and professional qualifications;
• (b) The subject matter on which the expert is expected to testify;
• (c) The substance of the anticipated testimony;
• (d) A summary of the grounds for each opinion;
• (e) The expert's fee schedule for testimony and preparation.

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 every claim, lawsuit, administrative proceeding, or arbitration in the past ten (10) years 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: Contributory Negligence

If You contend that Plaintiff was contributorily negligent or otherwise at fault under Wisconsin's comparative negligence statute (Wis. Stat. Section 895.045), 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:
[________________________________]
[________________________________]
[________________________________]

Note: Under Wis. Stat. Section 804.08(1), each party is limited to 25 interrogatories, including all subparts, unless the parties stipulate or the court orders otherwise. Each discrete subpart counts as a separate interrogatory. Wisconsin law generally permits only one set of interrogatories per party. Practitioners must carefully count all subparts when drafting.

VERIFICATION

STATE OF WISCONSIN
COUNTY OF [________________________________]

I, [________________________________], being first duly sworn, state that I am the ☐ Defendant individually / ☐ [________________________________] (title/position) of [________________________________] (Defendant entity); that I have read the foregoing Answers to Plaintiff's First Set of Interrogatories; that I know the contents thereof; and that said answers are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date: [__/__/____]

SUBSCRIBED AND SWORN to before me this [____] day of [________________________________], 20[____].

Signature: [________________________________]

Notary Public, State of Wisconsin

My Commission Expires: [__/__/____]

CERTIFICATE OF SERVICE

I hereby 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 all counsel of record by the method indicated below, pursuant to Wis. Stat. ch. 801 and ch. 804:

☐ Wisconsin Circuit Court eFiling system
☐ Electronic mail (email)
☐ 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. Section 804.08(1) limits each party to 25 interrogatories, including all subparts, unless the parties stipulate or the court orders otherwise in a manner consistent with Wis. Stat. Section 804.01(2). This is one of the more restrictive limits among U.S. states. Each discrete subpart (e.g., "(a)," "(b)," "(c)") counts as a separate interrogatory toward the 25-interrogatory cap.

2. One Set of Interrogatories. Wisconsin generally limits each party to one set of interrogatories unless leave of court or stipulation of the parties allows additional sets. Plan interrogatories carefully to maximize the single opportunity.

3. Response Deadline. Answers and objections must be served within 30 days after service. A defendant served with the summons and complaint has 45 days. Wis. Stat. Section 804.08(1).

4. Objection Procedures. Objections must state the specific reasons for the objection. Under Wisconsin practice, boilerplate or generalized objections are disfavored. The objections must be signed by the attorney.

5. Motion to Compel. Under Wis. Stat. Section 804.12(1), if a party fails to answer an interrogatory, the propounding party may move for an order compelling answers. The motion should include a statement of efforts made to resolve the dispute without court intervention.

6. 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

7. 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.

8. ESI Discovery. Wis. Stat. Section 804.09(2m) addresses electronically stored information. When ESI is at issue, coordinate with opposing counsel regarding format, search protocols, and metadata to minimize disputes.

9. Commercial Court Docket. If the case is assigned to a Wisconsin Commercial Court Docket, review the Standard Discovery Protocol for any modifications to standard discovery procedures, including interrogatory limits and timelines.

SOURCES AND REFERENCES

• Wisconsin Statutes, Chapter 804 — Civil Procedure; Depositions and Discovery: https://docs.legis.wisconsin.gov/statutes/statutes/804
• Wis. Stat. Section 804.08 — Interrogatories to Parties: https://law.justia.com/codes/wisconsin/chapter-804/section-804-08/
• Wis. Stat. Section 804.01 — General Provisions Governing Discovery: https://law.justia.com/codes/wisconsin/chapter-804/section-804-01/
• Wisconsin Bar Association — Written Interrogatories as a Discovery Tool: https://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=11&Issue=5&ArticleID=26910
• Changes to Wisconsin Civil Procedure Discovery Rules: https://www.vonbriesen.com/legal-news/3637/seven-things-to-know-about-changes-to-wisconsin-civil-procedure
• Wisconsin Courts — Standard Discovery Protocol for Commercial Court: https://www.wicourts.gov/services/attorney/docs/discprotoc.pdf