Interrogatories to Defendant — Personal Injury

Drafts interrogatories that pin down defendant's factual contentions, identify witnesses and evidence, and build the foundation for depositions and trial.

Required Inputs

Caption details — court, case number, party names
Operative pleadings — complaint (claims) and answer (affirmative defenses)
Jurisdiction — federal (FRCP 33) or state; confirm applicable rules
Numerical limit — FRCP 33 default is 25 including discrete subparts; state rules vary
Set designation — first, second, etc.
Attorney info — name, bar number, firm, address, phone, email

Document Structure

1. Caption

Standard litigation caption. Title: "Plaintiff's [First/Second/etc.] Set of Interrogatories to Defendant."

2. Introduction

Propound under governing rule (FRCP 33 or state equivalent)
State response deadline (30 days unless local rule differs)
Require separate, full, written answers under oath

3. Definitions

Define at minimum:

| Term | Scope | |------|-------| | IDENTIFY (person) | Name, address, phone, employer, relationship to parties | | IDENTIFY (document) | Author, date, type, custodian, location, Bates number | | IDENTIFY (communication) | Date, participants, medium, substance | | PERSON | Natural persons and all entities | | DOCUMENT | All tangible and ESI formats | | COMMUNICATION | Every form of information exchange | | INCIDENT | Specific event(s) giving rise to the lawsuit | | YOU/YOUR | Defendant including agents, employees, representatives |

Draft broadly to prevent evasion; keep defensible.

4. Instructions

Duty to supplement (FRCP 26(e) or state equivalent)
Answer each interrogatory separately and fully
Privilege claims require a privilege log
Duty to investigate despite lack of personal knowledge
Answer subparts separately
Business-records option under FRCP 33(d) with specification

5. Substantive Interrogatories

Tailor to the specific facts, claims, and defenses. Organize by category:

A. Witness Identification

All persons with knowledge of relevant facts (identity, substance of knowledge)
Expected trial witnesses and testimony subjects
Experts retained or consulted (identity, opinions, basis)

B. Defendant's Version of Events

Factual account of the incident
Acts or omissions attributed to plaintiff (contributory/comparative fault basis)

C. Evidence Identification

Documents, photos, recordings, tangible evidence related to the incident
Statements obtained from any person (written, recorded, oral summaries)
Surveillance or investigation regarding plaintiff or incident

D. Personal Injury–Specific

Defendant's knowledge of plaintiff's injuries
Insurance coverage (carrier, policy number, limits)
Prior similar incidents or claims involving defendant
Mitigation-of-damages contentions with factual basis

E. Contention Interrogatories For each affirmative defense: state every supporting fact, identify every supporting document, identify every knowledgeable person.

6. Signature Block & Certificate of Service

Attorney signature, date, name, bar number, firm, address, phone, email
Certificate of service: method, date, recipient counsel details

Pitfalls & Checks

Count subparts rigorously — discrete subparts count toward the cap; structure compound questions carefully
Tailor every set — never submit generic form interrogatories without case-specific customization
Proportionality — each interrogatory must satisfy FRCP 26(b)(1) relevance and proportionality
Avoid objection bait — do not draft overbroad, unduly burdensome, or privilege-invading questions
Strategic sequencing — front-load questions yielding deposition and settlement value
Check local rules — some jurisdictions mandate pattern interrogatories (e.g., California DISC-001) or impose different limits
Contention timing — some courts defer contention interrogatories to late discovery; flag for attorney review if served early