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name: interrogatories-to-defendant language: en description: Drafts plaintiff's interrogatories to defendant in personal injury litigation with caption, definitions, instructions, and substantive questions. Triggers when user needs to draft interrogatories, written discovery requests to a defendant, or PI discovery sets. Enforces numerical limits, subpart counting, and contention interrogatory practices. tags:

• drafting
• litigation
• pleading

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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

1. Caption details — court, case number, party names
2. Operative pleadings — complaint (claims) and answer (affirmative defenses)
3. Jurisdiction — federal (FRCP 33) or state; confirm applicable rules
4. Numerical limit — FRCP 33 default is 25 including discrete subparts; state rules vary
5. Set designation — first, second, etc.
6. 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