State Court Discovery - Interrogatories

IN THE DISTRICT COURT, [COUNTY NAME] COUNTY, STATE OF WYOMING

[COURT NUMBER] JUDICIAL DISTRICT

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

Civil Action No. [___]

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT

Pursuant to Wyo. R. Civ. P. 26 and 33

Effective Date of Service: [DATE]

TABLE OF CONTENTS

1. Definitions .............................................................................................2
2. Instructions & General Provisions .........................................................3
3. Interrogatories .....................................................................................5
4. Verification ..........................................................................................8
5. Certificate of Service ...........................................................................9

1. DEFINITIONS

For purposes of these Interrogatories, the following capitalized terms shall have the meanings set forth below. Each definition applies equally to its plural and singular forms. Undefined terms are to be given their ordinary meaning under Wyoming law.

“Answering Party” means [DEFENDANT NAME], including all present and former directors, officers, employees, agents, representatives, and anyone acting or purporting to act on its behalf.

“Complaint” means the Complaint filed by Plaintiff in the above-captioned matter on [FILING DATE], together with all amendments and attachments thereto.

“Communication” means any oral, written, electronic, or other exchange of information, including but not limited to telephone calls, emails, text messages, letters, memoranda, meetings, and interviews.

“Document” or “Documents” shall be construed in the broadest possible sense, synonymous in scope with the usage of that term in Wyo. R. Civ. P. 34, and includes electronically stored information (“ESI”).

“Identify” or “Identification,” when used with respect to:
(a) a natural person, means state the individual’s full name, present or last known address, and present or last known employer and position;
(b) an entity, means state the entity’s full name, place of incorporation/organization, and principal place of business;
(c) a Document, means state its type, date, author, recipient(s), and a brief description of its subject matter.

“Person” means any natural person or any legal or business entity.

“Relate to,” “Relating to,” or “Related to” means directly or indirectly mentioning, describing, regarding, reflecting, evidencing, comprising, or otherwise having a connection with the subject matter.

“Subject Matter” means the facts, events, transactions, or occurrences alleged in the Complaint and any defenses asserted in the Answer.

2. INSTRUCTIONS & GENERAL PROVISIONS

1. Governing Rules. These Interrogatories are propounded pursuant to Wyo. R. Civ. P. 26 and 33.
   a. Numerical Limit. Absent stipulation or court order, a party may not serve more than 25 interrogatories, including discrete subparts. Wyo. R. Civ. P. 33(a)(1).
   b. Response Deadline. Written answers and any objections must be served within 30 days after service of these Interrogatories. Wyo. R. Civ. P. 33(b)(2).
   c. Verification & Certification. Answers shall be made under oath by the Answering Party and signed by counsel pursuant to Wyo. R. Civ. P. 26(g).

2. Scope & Duty to Supplement. Each Interrogatory seeks information in the possession, custody, or control of the Answering Party, its attorneys, agents, and all Persons acting on its behalf. The duty to supplement continues as required by Wyo. R. Civ. P. 26(e).

3. Privileged Information.
   a. If withholding information under a claim of privilege or work-product protection, expressly state this claim and provide a privilege log compliant with Wyo. R. Civ. P. 26(b)(5) that sets forth sufficient detail to assess the applicability of the asserted privilege.
   b. Produce all non-privileged portions of otherwise privileged Documents.

4. Form of Answers. Restate each Interrogatory in full before each answer. Number answers to correspond with the Interrogatories. Provide answers in a single, consecutive narrative; do not answer by referring generally to pleadings or other discovery.

5. Electronically Stored Information (“ESI”). Identify any ESI systems or repositories containing responsive information. If any responsive ESI has been deleted, altered, or is otherwise unavailable, provide details sufficient to evaluate any duty to preserve or spoliation concerns.

6. Objections.
   a. State each objection with particularity and the legal basis therefor.
   b. If an Interrogatory is objectionable in part, answer the unobjectionable portion.

7. Constructions.
   – “And” and “or” shall be construed conjunctively or disjunctively as necessary to bring within the scope of the Interrogatory all information that might otherwise be construed to be outside its scope.
   – “Any” and “all” shall each be construed to encompass “any,” “all,” and “each.”

3. INTERROGATORIES

Interrogatory No. 1
Identify all Persons with knowledge of the facts alleged in the Complaint or the Answer and describe the subject matter of their knowledge.

Interrogatory No. 2
Describe in detail each Communication between You and Plaintiff concerning the Subject Matter, including the date, the participants, and the substance of each Communication.

Interrogatory No. 3
Identify and describe each Document that supports Your denial of any material allegation in the Complaint.

Interrogatory No. 4
State all facts upon which You base each affirmative defense asserted in Your Answer, including the identification of all Documents and Persons supporting such facts.

Interrogatory No. 5
Describe the complete factual basis for any contention that Plaintiff’s alleged damages were caused in whole or in part by Persons other than Defendant.

Interrogatory No. 6
Identify all insurance policies (including excess or umbrella coverage) that may provide coverage for the claims at issue, stating for each policy: insurer, policy number, limits of liability, and applicable deductibles or self-insured retentions.

Interrogatory No. 7
State the total amount of damages that You contend Plaintiff is entitled to recover, if any, and explain the basis for Your calculation.

Interrogatory No. 8
Describe any steps You have taken to preserve Documents and ESI relevant to this litigation, including the date preservation efforts began and the scope of any litigation hold.

Interrogatory No. 9
Identify all expert witnesses You intend to call at trial, the subject matter of their anticipated testimony, the substance of the facts and opinions to which each expert is expected to testify, and a summary of the grounds for each opinion.

Interrogatory No. 10
Describe any settlement discussions—including dates, participants, and content—between You and Plaintiff regarding the claims in this action.

4. VERIFICATION

State of __________ )
County of ________ ) ss.

I, [NAME], being first duly sworn, state under oath that I am the Answering Party (or that I am authorized to act on behalf of the Answering Party) in the above-captioned action; that I have read the foregoing Answers to Plaintiff’s First Set of Interrogatories; and that the Answers are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PRINTED NAME]
[ ] Plaintiff [ ] Defendant [ ] Representative (specify capacity)

Subscribed and sworn before me on this _____ day of __________, 20___.

_________________________________
Notary Public
My Commission Expires: __________

5. CERTIFICATE OF SERVICE

I hereby certify that on this ____ day of __________, 20___, I served the foregoing Plaintiff’s First Set of Interrogatories to Defendant upon the following counsel of record via:
[ ] CM/ECF [ ] Email [ ] U.S. Mail [ ] Hand Delivery [ ] Other: __________

[OPPOSING COUNSEL NAME]
[Law Firm]
[Address]
[Email]

_________________________________
[ATTORNEY NAME], WSB No. [___]
[Law Firm]
[Address]
Telephone: [___-___-____]
Email: [___]

Attorney for Plaintiff