State Court Discovery - Interrogatories

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT

[Circuit Court], [County] County, West Virginia

I. DOCUMENT HEADER

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, WEST VIRGINIA
Civil Action No.: [___]

[PLAINTIFF],
  Plaintiff,

v.

[DEFENDANT],
  Defendant.

Date of Service: [___]

II. DEFINITIONS

For purposes of these Interrogatories, the following definitions apply (terms appear in bold when used herein):

1. “You” / “Your” / “Defendant” – The party to whom these Interrogatories are directed, including all past and present agents, employees, representatives, attorneys, investigators, insurers, subsidiaries, parents, affiliates, successors, and assigns.
2. “Plaintiff” – [PLAINTIFF], together with its agents, employees, representatives, and attorneys.
3. “Document(s)” – Any written, recorded, or graphic material, whether hard-copy, electronically stored information (ESI), or any other format, as those terms are used in W. Va. R. Civ. P. 34(a).
4. “Communication(s)” – Any oral or written transmission of information, including emails, text messages, social-media messages, letters, memoranda, telephone calls, meetings, or face-to-face conversations.

5. “Identify” / “Identification” –
   a. Person: State full name, present or last known address, telephone number, and relationship to any party.
   b. Document: State title, date, author, recipient, type, and present custodian or location.

6. “Incident” – The events alleged in the Complaint filed in this action.

7. “Relate to,” “Relating to,” or “Concerning” – Directly or indirectly mentioning, describing, evidencing, supporting, or being logically or factually connected with the subject matter identified.

III. OPERATIVE PROVISIONS

A. General Instructions

1. Governing Rules. These Interrogatories are propounded pursuant to W. Va. R. Civ. P. 26 and 33 and are subject to all duties and sanctions provided therein, including supplementation under Rule 26(e) and enforcement under Rule 37.
2. Response Deadline. Answer each Interrogatory in writing and under oath within thirty (30) days after service, except that a Defendant served with the Summons and Complaint shall respond within forty-five (45) days of such service. W. Va. R. Civ. P. 33(a).

3. Manner of Answer.
   a. Restate each Interrogatory in full before each answer.
   b. Identify the person(s) responsible for preparing or supplying information for each answer.
   c. Produce answers in numbered paragraphs corresponding to the Interrogatories.

4. Objections. State each objection with specificity. Any ground not stated within the time allowed is waived. See W. Va. R. Civ. P. 33(b)(4). If an objection applies to only part of an Interrogatory, answer the remainder.

5. Claims of Privilege. If information is withheld based on privilege, expressly state the privilege claimed and provide a privilege log that, without revealing privileged information, meets the requirements of W. Va. R. Civ. P. 26(b)(5).
6. Continuing Duty. These are continuing Interrogatories. You must supplement or amend your responses promptly upon obtaining additional responsive information.
7. Reference to Records. Where Rule 33(c) permits production of business records in lieu of an answer, specify the records in sufficient detail to allow Plaintiff reasonable use of them.
8. Computation of Time. Computation of deadlines excludes the day of service and includes the last day, unless it falls on a weekend or legal holiday. W. Va. R. Civ. P. 6(a).

B. Specific Interrogatories

1. Identify all persons who have knowledge of any facts alleged in the Complaint or Answer, and state the subject matter of the information each person possesses.
2. Identify every statement, admission, or declaration against interest allegedly made by Plaintiff, including the date, place, substance, and the persons present.
3. Describe in detail Defendant’s version of how the Incident occurred, including a chronology of events, acts, or omissions Defendant contends are relevant.
4. State each fact upon which Defendant relies to dispute liability for the Incident.
5. Identify all Documents relating to any insurance coverage (primary, excess, or umbrella) that may satisfy all or part of a judgment in this action, and state applicable policy numbers, limits, and coverage terms.
6. Itemize all damages Defendant contends were caused by, or are attributable to, Plaintiff, including the method of computation for each category.
7. Identify all experts retained or specially employed to assist in preparation for trial or to give testimony, stating each expert’s qualifications, subject matter of expected testimony, substance of facts and opinions, and a summary of the grounds for each opinion.
8. State the existence and substance of any surveillance, audio, video, or photographic recordings concerning Plaintiff or the Incident, including the date taken, custodian, and current location.
9. Describe all policies, procedures, or guidelines in effect at the time of the Incident that pertain to the subject matter of this lawsuit, and identify any Documents embodying such policies.
10. State whether Defendant contends Plaintiff failed to mitigate damages and, if so, describe each fact supporting that contention.

IV. REPRESENTATIONS & WARRANTIES OF RESPONDING PARTY

By signing the Verification below, the Responding Party represents and warrants, subject to the penalties of perjury and West Virginia Rule 11, that:

1. Each answer is true, complete, and based on all information reasonably available after diligent inquiry; and
2. All objections are grounded in existing law and are asserted in good faith.

V. COVENANTS & RESTRICTIONS

1. Duty to Supplement. Responding Party covenants to serve supplemental responses pursuant to W. Va. R. Civ. P. 26(e) upon discovering additional responsive information.
2. Use of Answers. Parties acknowledge that answers may be used for all purposes permitted under the West Virginia Rules of Civil Procedure and the West Virginia Rules of Evidence.

VI. DEFAULT & REMEDIES

Failure to answer fully, timely, and in good faith may subject the Responding Party to sanctions, including but not limited to orders compelling discovery, cost-shifting, reasonable attorney’s fees, issue preclusion, or other relief deemed just under W. Va. R. Civ. P. 37.

VII. RISK ALLOCATION

[Not applicable to Interrogatories—intentionally omitted.]

VIII. DISPUTE RESOLUTION

Any discovery dispute arising from these Interrogatories shall be governed exclusively by the West Virginia Rules of Civil Procedure and adjudicated by the above-styled Court.

IX. GENERAL PROVISIONS

1. Integration. These Interrogatories, together with any schedules or exhibits referenced herein, constitute the complete set of written interrogatories served by Plaintiff in this action.
2. Amendment & Waiver. Any amendment or waiver must be in writing and approved by the Court or agreed upon by counsel of record.
3. Service. Service shall be effected in compliance with W. Va. R. Civ. P. 5(b) and any controlling scheduling order.
4. Electronic Signatures. Pursuant to the West Virginia Trial Court Rules and any local electronic-filing protocols, electronic signatures shall have the same force and effect as original signatures.

X. EXECUTION BLOCK

Respectfully submitted,

________________________________________
[ATTORNEY NAME] (WV Bar #_______)
Counsel for Plaintiff
[Law Firm]
[Address]
[Telephone] | [Email]

Date: [___]

VERIFICATION

I, [NAME OF PERSON VERIFYING], being first duly sworn, state under penalty of perjury that I am the Responding Party or an authorized representative thereof, that I have read the foregoing Answers to Interrogatories, know the contents thereof, and certify that the Answers are true and correct to the best of my knowledge, information, and belief.

________________________________________
[Signature of Responding Party or Representative]
[Printed Name & Title]
Date: [___]

STATE OF ______________________ )
COUNTY OF ____________________ ) to-wit:

Subscribed and sworn to before me this ___ day of __________, 20__, by [NAME].

________________________________________
Notary Public
My Commission Expires: __________

CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __________, 20__, I served a true and correct copy of the foregoing Plaintiff’s First Set of Interrogatories to Defendant by:

☐ U.S. Mail ☐ Hand Delivery ☐ Email ☐ Electronic Filing System
to:

[NAME & ADDRESS/EMAIL OF COUNSEL OF RECORD]

________________________________________
[ATTORNEY NAME]