Interrogatories to Defendant — Personal Injury

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:

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