Interrogatories

When the interrogatories is used

Timing: during discovery. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• Unless otherwise stipulated or ordered, a party may serve no more than 25 interrogatories, including all discrete subparts (Rule 33(a)(1)).
• The responding party must serve its answers and any objections within 30 days after being served (Rule 33(b)(2)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 33 online. Also, the federal judiciary publishes the current rules and recent amendments.

The interrogatories in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar interrogatories procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Discovery: the pretrial process in which parties obtain information and evidence from each other and from nonparties.
• Interrogatory: a written question served on another party that must be answered in writing under oath.

Related procedures

Similarly, these procedures often come up alongside it:

• Requests for Production of Documents: requests that another party produce documents, electronically stored information or tangible things, or permit inspection.
• Requests for Admission: written requests asking another party to admit the truth of specific matters.
• Motion to Compel Discovery: a request that the court order a party to make disclosures or respond to discovery.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.