State Court Discovery - Interrogatories - West Virginia

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

In the Circuit Court of [COUNTY] County, West Virginia

Civil Action No.: [NUMBER]

Plaintiff [NAME] serves these interrogatories on Defendant [NAME] under W. Va. R. Civ. P. 26 and 33. The questions concern [BRIEFLY IDENTIFY THE CLAIMS OR TRANSACTION AT ISSUE].

Instructions and definitions

1. These are interrogatories to a party. Unless the parties stipulate or the Court orders otherwise, Rule 33(a)(1) limits a party to 25 written interrogatories, counting all discrete subparts. This set contains [COUNT] interrogatories and discrete subparts; [NUMBER] were previously served on this party. [IDENTIFY ANY STIPULATION OR COURT ORDER ALLOWING MORE.]

2. Unless a valid exception, stipulation, or order permits earlier discovery, Rule 26(d)(1) bars seeking discovery before the Rule 26(f) conference. The conference occurred on [DATE], or early service is authorized by [IDENTIFY THE RULE, STIPULATION, ORDER, OR EXEMPT PROCEEDING].

3. Under Rule 33(b)(2), answers and objections are due within 30 days after service, unless a different time is stipulated under Rule 29 or ordered by the Court. Rule 6(a) governs time computation; Rule 6(e) adds three days after the otherwise computed period when service is made by the methods listed there. Service date: [DATE]. Method: [METHOD]. Response date after applicable adjustments: [DATE].

4. Answer each interrogatory separately and fully in writing under oath to the extent it is not objected to. State objection grounds with specificity. A ground omitted from a timely objection is waived unless the Court excuses the failure for good cause. The person answering signs the answers; counsel signs objections. W. Va. R. Civ. P. 33(b)(3)-(5).

5. If withholding otherwise discoverable information as privileged or protected trial-preparation material, expressly state the claim and describe the withheld material sufficiently for assessment without disclosing the protected information. W. Va. R. Civ. P. 26(b)(5)(A).

6. Rule 26(e)(1) governs when a response must be supplemented or corrected. A reference to business records may be used in place of an answer only if Rule 33(d)'s equal-burden condition is met, the records are specified in sufficient detail to locate them, and a reasonable opportunity to examine and copy them is given.

7. "You" means the responding Defendant. For an entity, the response may be made by an officer or agent who furnishes information available to the entity under Rule 33(b)(1). "Subject events" means [DESCRIBE SPECIFIC OCCURRENCE OR TRANSACTION AND DATE RANGE]. "Identify" a person by name, role, and current or last known contact information, if known after reasonable inquiry; identify a document by title or description, date, author, recipient, and custodian, if known.

Interrogatories

Interrogatory No. 1. Identify each person whom You believe has knowledge of the Subject events, and describe the subject matter of that person's knowledge.

Interrogatory No. 2. Describe Your account of the Subject events in chronological order, stating the material acts or omissions You attribute to each person involved.

Interrogatory No. 3. For each allegation in paragraphs [IDENTIFY DISPUTED COMPLAINT PARAGRAPHS] that You deny, state the facts on which You rely for the denial and identify persons with knowledge of those facts.

Interrogatory No. 4. State the facts supporting each affirmative defense You have pleaded that relates to the Subject events, and identify persons with knowledge of those facts.

Interrogatory No. 5. Identify communications between You and [SPECIFIED PERSON OR ENTITY] concerning [SPECIFIED SUBJECT] during [DATE RANGE], stating the approximate date, participants, and substance of each communication.

Interrogatory No. 6. Identify documents or electronically stored information in Your possession, custody, or control concerning [SPECIFIC ISSUE] during [DATE RANGE], by description, date or date range, and custodian. This question seeks identification, not production.

Interrogatory No. 7. Identify any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment on the claims in this action or reimburse payments made to satisfy it; state the insurer and policy number, if known.

Interrogatory No. 8. If You contend that Plaintiff caused or contributed to the harm alleged in the complaint, state the facts supporting that contention and identify persons with knowledge of those facts.

Interrogatory No. 9. If You seek damages from Plaintiff in this action, state each category claimed, the amount or present estimate, and the method of computation.

Interrogatory No. 10. Identify any recordings, photographs, or measurements made by or for You concerning [SPECIFIED EVENT OR PROPERTY], stating when each was made and its present custodian, subject to any properly stated protection or objection.

Date: [__/__/____]

________________________________

[ATTORNEY NAME], W. Va. Bar No. [NUMBER]

Counsel for Plaintiff

[ADDRESS] | [TELEPHONE] | [EMAIL]

Certificate of service

I certify that on [DATE] I served these interrogatories on [NAME OF COUNSEL OR UNREPRESENTED PARTY] by [METHOD AUTHORIZED BY RULE 5(b)] at [ADDRESS OR ELECTRONIC DESTINATION]. [IF USING OTHER ELECTRONIC MEANS UNDER RULE 5(b)(2)(F), IDENTIFY WRITTEN CONSENT; IF USING THE COURT'S E-FILING SYSTEM, CONFIRM THE APPLICABLE TRIAL COURT RULE 15 ROUTE.]

________________________________

[NAME AND TITLE]

Sources and References

• West Virginia Rules of Civil Procedure, Rules 5, 6, 26, and 33