Draft Interrogatories

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Interrogatories are an integral tool used by lawyers in civil cases to collect evidence and information, advance legal theories and even impeach witnesses. Through written questions, lawyers can gain insight into the opposition’s case that would otherwise be unavailable – a crucial advantage when vying for success in court.

Genie AI, the world’s largest open source legal template library, provides free interrogatories templates to help attorneys craft effective interrogatories without needing access to an expert or lawyer. With millions of datapoints teaching Genie’s AI what a market-standard interrogatory looks like and a community template library easily customisable with any given case specifics, attorneys have the potential to secure evidence previously out of reach without compromising their client’s position.

Not only do interrogatories allow attorneys to gather evidence about the other side’s case but they can also be used to narrow down issues at hand and make proving one’s own argument easier. In addition, should there ever be a need for a settlement outside of court, these documents provide useful information for both parties involved as well as admissions from the opposition which can be key when establishing certain claims in one’s favour. Interrogatories moreover act as an effective means of discrediting uncooperative witnesses on behalf of your client by comparing their statements in court against those given when responding to questioning posed via this method - particularly powerful if they are essential figures on behalf of the opposition in question.

Finally, it is worth bearing in mind that through cleverly phrased questions tailored towards one’s specific needs within any given case – especially those which may not have been considered by opposing counsel - various pieces of information may come to light that could potentially turn proceedings entirely in one’s favour; thus highlighting why interrogatories remain such an important tool across all forms of civil litigation today.

At Genie AI we understand how invaluable it is for all attorneys regardless of experience level or background knowledge on such matters to take full advantage when formulating their cases and so we have created our team and open source library so anyone can draft high quality legal documents without paying costly fees associated with consulting expert opinion or specialist services. To find out more about how you too can benefit from this readily available resource today simply read on below for step-by-step guidance!

Definitions

Interrogatories: A set of written questions submitted by one party in a legal case to another party, typically the opposing party, meant to elicit information about the facts of the case.
Form and Content: The form and content of an interrogatory refers to the structure and style in which it is written and the information it contains.
Clear and Succinct Language: Writing in an easy-to-understand way without using complex legal terms.
Leading Questions: Questions that suggest the desired answer and can be seen as an attempt to influence the party’s response.
Motion to Compel: A legal request to force the opposing party to answer the interrogatories.
Motion to Strike: A legal request to remove the interrogatories from the proceedings if the opposing party fails to respond.

Contents

1. What are Draft Interrogatories?
2. Understanding the Types of Interrogatories
3. Interrogatories for Parties
4. Interrogatories for Non-Parties
5. How to Write Draft Interrogatories
6. Gather Necessary Information
7. Make a List of Questions
8. Guidelines for Drafting Interrogatories
9. Follow Rules for Form and Content
10. Use Clear and Succinct Language
11. Using Draft Interrogatories in Legal Proceedings
12. Serve Interrogatories to the Opposing Party
13. File Interrogatories with the Court
14. Tips for Effectively Using Interrogatories
15. Be Specific and Concise
16. Avoid Leading Questions
17. The Advantages of Using Interrogatories
18. Obtain Detailed Information
19. Identify Potential Witnesses
20. How to Prepare for Interrogatories
21. Understand the Law
22. Collect Relevant Documents
23. How to Respond to Interrogatories
24. Answer as Fully as Possible
25. Object to Unreasonable Questions
26. The Benefits of Using Interrogatories
27. Gain Insight into the Other Party’s Position
28. Strengthen Your Position in Court

Get started

What are Draft Interrogatories?

• Draft interrogatories are written questions that parties in a legal dispute must answer under oath
• Draft interrogatories are a formal way of obtaining information from the other party in a legal dispute
• Draft interrogatories are an important part of the discovery process in a lawsuit
• Draft interrogatories must be answered in writing and under oath
• You will know that you have completed this step once you have a clear understanding of what draft interrogatories are and how they are used in a lawsuit.

Understanding the Types of Interrogatories

• Understand the difference between Interrogatories to Parties and Interrogatories to Non-Parties
• Identify the types of Interrogatories to Parties, such as Interrogatories of Fact, Interrogatories of Opinion, and Interrogatories of Document Production
• Determine which of the different types of Interrogatories you need to draft
• Compile a list of all of the Interrogatories you need to draft
• When you have identified all of the Interrogatories to be drafted, you can move on to the next step of drafting the Interrogatories.

Interrogatories for Parties

• Gather all relevant documents and information that are relevant to the interrogatories
• Research the applicable law to determine the types of interrogatories that may be asked of parties
• Draft interrogatories that are relevant to the case and accurately reflect the facts of the case
• Carefully review the drafted interrogatories to ensure that all questions are clear and appropriate, and that the language is precise and accurate
• When satisfied with the interrogatories, submit them to the appropriate party for review and response
• When the interrogatories have been reviewed and responded to, you can check off this step and move on to the next step of drafting interrogatories for non-parties.

Interrogatories for Non-Parties

• Gather the names and contact information of the non-parties that you wish to interrogate and create a list of interrogatories for each one.
• Draft a list of questions you want to ask each non-party.
• Create an interrogatory packet for each non-party, which includes a cover letter, the interrogatories, and a self-addressed, stamped envelope for the non-party to return their answers in.
• Send out the interrogatory packets to the non-parties and wait for their response.
• When all non-parties have responded, you will have completed this step and can move on to the next step in the guide.

How to Write Draft Interrogatories

• Brainstorm questions to ask the non-party related to the issues in the case
• Identify relevant documents, witnesses, or other evidence that will be needed to answer the interrogatories
• Draft the interrogatories in written form
• Ensure the interrogatories are clear, concise and specific
• Make sure the interrogatories are relevant to the issues in the case
• Once the draft interrogatories are ready, review them for accuracy and completeness
• Check that all questions are well-phrased and will obtain the desired information
• When satisfied with the draft interrogatories, you can proceed to the next step.

Gather Necessary Information

• Research applicable state and federal laws or court rules
• Take notes on the information you find
• Consult with an attorney to ensure you have the appropriate information
• When you have gathered all of the necessary information for the interrogatories, you can move on to the next step.

Make a List of Questions

• Brainstorm questions to include in your interrogatories
• Identify questions that are relevant to the issues in the case
• Consider if the questions are legally permissible
• Make sure the questions are direct, specific, and clear
• Decide if the questions will help you gain any necessary information
• Draft your questions in a document
• When you have a list of questions that you are satisfied with, move on to the next step - Guidelines for Drafting Interrogatories.

Guidelines for Drafting Interrogatories

• Review applicable rules of civil procedure for the jurisdiction in which you are filing
• Identify the applicable rules for interrogatories, including any limits on the number of interrogatories that can be submitted
• Draft interrogatories that are relevant to the case and clearly worded
• Ensure that each interrogatory is complete and unambiguous in its intent
• Make sure that each interrogatory has a corresponding request for production of documents
• When finished drafting each interrogatory, review it to make sure it complies with the applicable rules of civil procedure
• When you have finished drafting all interrogatories, you can check this off your list and move on to the next step.

Follow Rules for Form and Content

• Determine the state’s rules for interrogatories, such as the maximum number of interrogatories allowed
• Carefully review the language of the interrogatories to make sure that they comply with the state’s rules
• Consider the impact of any objections that the other party might raise to the interrogatories
• Confirm that each interrogatory is relevant to the case
• Re-read the interrogatories to ensure that they are as succinct and unambiguous as possible
• When the interrogatories are in compliance with the state’s rules and are clear and concise, you can move on to the next step.

Use Clear and Succinct Language

• Use language that is understandable, yet concise
• Use language that is specific enough to the facts of the case
• Avoid using any jargon or legal terms that are not necessary
• Keep answers to interrogatories limited to ““yes”” or ““no””, if possible
• Double check your language to make sure it is accurate and appropriate for the situation

When you have completed this step, you should have a draft of the interrogatories that you can use in legal proceedings.

Using Draft Interrogatories in Legal Proceedings

• Review applicable rules of civil procedure and review specific guidelines of your jurisdiction.
• Determine what types of interrogatories are appropriate for the situation.
• Draft interrogatories using clear and succinct language.
• Make sure to include all relevant questions.
• Check the interrogatories for accuracy and completeness before sending them out.
• When you have completed the interrogatories, you can move on to the next step of serving them to the opposing party.

Serve Interrogatories to the Opposing Party

• Prepare a copy of the proposed interrogatories to be served to the opposing party;
• Sign the interrogatories and date them;
• Serve the interrogatories on the opposing party in accordance with the applicable rules of civil procedure;
• Provide a proof of service to the court to demonstrate that the interrogatories have been properly served;
• Once you have served the interrogatories on the opposing party, you can check this off your list and move on to the next step.

File Interrogatories with the Court

• File your interrogatories with the clerk of the court in the jurisdiction of your lawsuit
• Make sure to include all applicable filing fees
• For each set of interrogatories, make two copies - one for the court and one for your records
• Your interrogatories will be date and time stamped by the court once you file them
• You will know this step is complete when you receive a confirmation receipt from the court.

Tips for Effectively Using Interrogatories

• Carefully review the language of the interrogatories you’re sending out, to ensure you’re asking the right questions to get the information you need
• Consider the timing of sending out interrogatories and providing answers, to make sure you’re allowing enough time to provide answers without delaying the case
• Make sure to provide detailed, precise, and accurate answers to each interrogatory, as false or misleading information could be used against you in court
• Keep track of which interrogatories have been answered and when, so you can easily spot any discrepancies
• When you’ve completed this step, you’ll have a clear understanding of how to effectively use interrogatories for your case.

Be Specific and Concise

• Use short, declarative sentences when composing an interrogatory
• Be concise and clear, avoiding complicated language
• Ask questions that can be answered with a ““yes”” or ““no””
• Limit each interrogatory to one subject to avoid confusion
• When the interrogatory is finished, read it over again to make sure it can’t be misinterpreted
• When you have confirmed the interrogatory is clear, specific, and concise, you can move on to the next step.

Avoid Leading Questions

• Ask questions that provide clear and straightforward answers
• Do not ask questions that require a “yes” or “no” answer
• Avoid leading questions – these are questions that suggest the answer
• Ask open-ended questions that allow for explanation and elaboration

When you have written your interrogatories and you have checked to make sure that your questions are not leading, you can move on to the next step.

The Advantages of Using Interrogatories

• Interrogatories are cost effective, as they can be sent out to all parties in a dispute at once
• Interrogatories can provide a great deal of information quickly and efficiently
• Interrogatories provide parties with the opportunity to thoroughly explain their case and provide evidence to support their position
• Interrogatories allow parties to truthfully answer questions without feeling pressure or intimidation

You will know that you can check this step off your list when you have thoroughly reviewed the advantages of using interrogatories and have a clear understanding of how you can use them in your case.

Obtain Detailed Information

• Create a list of questions you want to ask the opposing party in the case
• Make sure the questions you ask are relevant to the case and that they will help you support your side of the case
• Ensure that the questions are direct, specific, and clear
• Be sure to include questions that will help you identify and locate evidence that is important to the case
• When you are satisfied with the list of questions, draft the interrogatories and have them reviewed by your attorney
• Once the interrogatories have been reviewed and approved, send them to the opposing party
• After the opposing party has responded, review the answers and consider whether additional questions need to be asked
• When you are satisfied with the answers to the interrogatories, you can check this step off your list and move on to the next step.

Identify Potential Witnesses

• Review the relevant documents you obtained in the previous step and make a list of witnesses who can testify about the facts in the case
• Consider whether any of the witnesses are essential to your case and whether any of them may have an interest in the outcome
• Interview key witnesses to get an idea of what they may testify about
• Make a list of all potential witnesses, including their contact information and any known biases they may have
• Check off this step when you have identified all potential witnesses and have their contact information.

How to Prepare for Interrogatories

• Gather all relevant documents, including contracts, emails, and other correspondence
• Make a list of all potential interrogatories you plan to ask
• Consider any unique issues that may arise in your case
• Research any applicable laws that may be relevant
• Check local rules of court to ensure compliance with any applicable limits on the number of interrogatories
• Once you have gathered all the necessary information, created a list of interrogatories, and researched any applicable laws, you will be ready to move on to the next step.

Understand the Law

• Research local rules and applicable laws to understand the rules, requirements, and limitations for interrogatories
• Research legal precedents and past cases related to interrogatories for a better understanding of the law
• Read through the rules of civil procedure in your jurisdiction to ensure you are aware of all the requirements for interrogatories
• Consult a lawyer if you are uncertain about any aspect of the law related to interrogatories
• When you feel confident you have a good understanding of the law related to interrogatories, you can move on to the next step.

Collect Relevant Documents

• Research the case and collect any relevant documents such as pleadings, deposition transcripts, discovery responses, and other evidence.
• Organize the documents in an easily accessible folder.
• Make sure to keep a copy of all documents for future reference.
• When all relevant documents have been collected and organized, you can move on to the next step.

How to Respond to Interrogatories

• Carefully review the interrogatories you have received and any accompanying documents.
• If any of the interrogatories are unclear, contact the opposing party for clarification.
• Draft answers to the interrogatories in writing.
• Answer each interrogatory truthfully and as fully as possible.
• Make sure to cite any relevant documents or legal authorities in the answers.
• Sign and date the interrogatories and include a certificate of service.
• File the interrogatories with the court or serve them on the opposing party.

You will know you can check this step off your list when all of your answers are complete and signed, and you have either filed the interrogatories with the court or served them on the opposing party.

Answer as Fully as Possible

• Carefully consider each interrogatory and answer truthfully and as fully as possible.
• Provide all documents and information requested, or an explanation of why they cannot be provided.
• If you need to clarify an interrogatory, you can do so by submitting a written request.
• When answering an interrogatory, provide a direct answer. If you cannot answer the interrogatory, explain why.
• Make sure to provide a signed declaration that the answers provided are true and correct.
• Check off this step when you have answered each interrogatory as fully as possible and have signed the declaration.

Object to Unreasonable Questions

• Familiarize yourself with the rules of civil procedure in your jurisdiction to understand when an interrogatory is considered unreasonable
• Read each interrogatory and determine if an objection is necessary
• Draft an objection if an interrogatory is overly broad, calls for privileged information, or otherwise goes beyond the scope of the rules of civil procedure
• Serve the opposing party with the objection and the interrogatory
• File the objection with the court
• When the opposing party responds to your objection, you can check this off your list and move on to the next step.

The Benefits of Using Interrogatories

• Interrogatories are a type of discovery that allow you to gain insight into the other party’s position in a legal case
• They can help you gather evidence to support your arguments, as well as expose weaknesses in the other party’s case
• They can be used to clarify facts and develop issues that may be relevant to the outcome of the case
• You can use interrogatories to force the other party to state their position clearly and concisely
• You can also use interrogatories to identify witnesses and other forms of evidence that may be beneficial for your case

You’ll know when you can check this off your list and move on to the next step when you feel confident that you understand the benefits of using interrogatories and how they can help you in your legal case.

Gain Insight into the Other Party’s Position

• Draft interrogatories that are direct and comprehensive, as they will provide insight into the other party’s position
• Ask questions that are relevant to the dispute and that will help you gain an understanding of the other party’s claims and defenses
• Make sure to be as specific as possible when drafting interrogatories
• Make sure the questions are clear and don’t lead the witness
• Make sure to give the other party enough time to answer the questions
• Know when to stop - don’t ask more questions than necessary

Once you have drafted interrogatories that are direct and comprehensive, and that are relevant to the dispute, you will have gained insight into the other party’s position and can check this off your list and move on to the next step.

Strengthen Your Position in Court

• Research your local court’s rules and procedures for use of interrogatories
• Draft interrogatories for the other party, limiting the number of questions to the maximum allowed by the court
• Carefully consider the relevancy of each question and the answers you are expecting to receive
• Submit the interrogatories to the other party and follow up to ensure they are answered in a timely manner
• When the other party has answered the interrogatories, review the answers and use them to build your case and strengthen your position in court
• You’ll know you can move on to the next step when you have submitted the interrogatories and received the answers from the other party.

FAQ

Q: What is the difference between a Draft Interrogatory and an Interrogatory?

Asked by Daniel on the 4th of June, 2022.
A: A Draft Interrogatory is a document that outlines possible questions that can be asked to a party in a legal case. It is drafted by an attorney during their research into the case and can be used as a tool for understanding the facts of the case, as well as for finding areas where further investigation may be necessary. An Interrogatory is an actual formal set of questions that have been submitted in court and must be answered by the respondent. They are typically written in a more formal manner and are legally binding, meaning that they must be answered under penalty of perjury.

Q: Can I use Draft Interrogatories to gain information from non-parties to the case?

Asked by Sarah on the 18th of June, 2022.
A: Yes, you can use Draft Interrogatories to gain information from non-parties to the case. However, you must ensure that the information requested is relevant to your case and is not overly broad or intrusive. Additionally, you should take into consideration any applicable laws from different jurisdictions (e.g. US, UK, EU) when drafting your interrogatories to ensure that any information you receive is legally permissible and admissible in court.

Q: What types of information should I include in my Draft Interrogatories?

Asked by James on the 8th of July, 2022.
A: When drafting your interrogatories, it is important to include information which pertains to the facts of your case and any legal issues which may arise from it. Generally speaking, you should include details such as dates, times, persons involved, locations involved and any other relevant information which could help to establish the facts of the case or prove a certain legal argument. Additionally, if you are working within a specific industry or sector (e.g. technology, SaaS or B2B), then you may also want to include questions which are designed to increase your understanding of that industry or sector as well.

Q: What type of language should I use when preparing my Draft Interrogatories?

Asked by Nicole on the 25th of July, 2022.
A: When preparing your interrogatories it is important to ensure that all language used is precise and unambiguous. You should avoid using overly technical language which may be difficult for the respondent to understand or answer without additional explanation or clarification. Additionally, when writing your interrogatories it is important to ensure that all questions are framed in a neutral manner and do not contain any leading statements which could influence the respondent’s answer or create bias towards one side or another.

Q: How long does it take for a respondent to answer Draft Interrogatories?

Asked by Joshua on the 14th of August, 2022.
A: The length of time it takes for a respondent to answer Draft Interrogatories will depend on a variety of factors including their familiarity with the subject matter being discussed and their ability to access any necessary documents or records which may be necessary for their response. Generally speaking, most respondents will need at least several days (if not weeks) in order to adequately prepare their answers so it is important to factor this into your timeline when requesting interrogatories from other parties in your case.

Q: Can I use Draft Interrogatories as evidence in court?

Asked by Joseph on the 29th of August, 2022.
A: Generally speaking, Draft Interrogatories cannot be used as evidence in court as they have not been formally submitted nor have they been answered under penalty of perjury as required for formal interrogatories submitted in court proceedings. However, depending on the jurisdiction in which you are filing your case (e.g US vs UK vs EU laws), it may be possible for a judge to consider them as evidence if they are found to contain relevant information pertaining directly to the facts being argued in court or if they are used as part of an argument being made by either party’s attorney during trial proceedings.

Q: Should I include provisions for sanctions or penalties if a party fails to answer my Draft Interrogatories?

Asked by Ashley on the 10th of September 2022.
A: Generally speaking, it is not recommended that you include provisions for sanctions or penalties if a party fails to answer your draft interrogatories as this could lead to further complications down the line if those sanctions are challenged in court due to lack of legal standing or relevance to your case proceedings at hand. Additionally, if you are filing your case within specific jurisdictions (e.g US vs UK vs EU laws), then you should check those laws regarding sanctions prior to including them in your interrogatory drafts as some jurisdictions may prohibit their inclusion altogether due to their potentially intrusive nature with regards to personal privacy rights and other such matters.

Q: How many questions should I include in my Draft Interrogatory?

Asked by Ryan on the 24th of September 2022 .
A: The number of questions included within a Draft Interrogatory will depend largely upon what kind of information you are seeking from each party involved with your case proceedings and how detailed this information needs to be for purposes of establishing facts or proving legal arguments during trial proceedings. Generally speaking though, it is best practice not to exceed more than 10-15 questions per interrogatory draft unless absolutely necessary due to time constraints or other considerations relating directly with your particular case proceedings at hand.

Q: Who do I send my Draft Interrogatory document too?

Asked by Emma on the 8th October 2022 .
A: Before sending out any draft interrogatories it is important that you determine who exactly should receive them within each party involved with your particular case proceedings at hand (e.g attorneys representing each side). Once you have identified those individuals then you must make sure that all copies sent out contain accurate contact details so that they can respond accordingly and without delay once received. Additionally, depending upon which jurisdiction your case falls under (e.g US vs UK vs EU laws), there may be additional requirements concerning how these documents should be sent out such as certified mail delivery services etc so please ensure you check these requirements prior sending out any draft interrogatories if applicable in your particular situation.

Example dispute

Suing a Company for Breach of Contract

• Plaintiff may raise a lawsuit which references interrogatories if they believe the company has breached the contract they signed.
• The interrogatories can provide evidence of the terms of the contract, and any breach of these terms by the defendant.
• The plaintiff must provide evidence that the defendant has breached the terms of the contract, and the interrogatories can help to provide that evidence.
• The plaintiff can use interrogatories to request documents, information, and any other relevant evidence that can be used to prove the breach of contract.
• The plaintiff might also use interrogatories to ask questions that could provide insight into the defendant’s intent, or any other information that could be used to prove that the terms of the contract have been violated.
• If successful, the plaintiff may be awarded damages, which can be calculated by taking into account any financial losses incurred as a result of the breach of contract.

Templates available (free to use)

Antitrust Litigation Interrogatories Defining Relevant Market
Antitrust Litigation Interrogatories Establishing An Contract Under Section 1 Of The Sherman Act
Copyright Litigation Defendant S Similar Work Defendant S Interrogatories
Copyright Litigation Defendant S Similar Work Plaintiff S Interrogatories
Copyright Litigation Objections Responses To Interrogatories Defendant To Plaintiff
Copyright Litigation Objections Responses To Interrogatories Plaintiff To Defendant
Exchange Act Section 10 B Interrogatories Defendant To Plaintiff
Hatch Waxman Interrogatories Patent Owner To Anda Filer Re Patents
Interrogatories Accused Infringer To Patent Owner Re Patents
Interrogatories Affidavit For Application For Final Judgment Massachusetts
Interrogatories Applicant Respondent Ttab
Interrogatories Application For Final Judgment Massachusetts
Interrogatories Defendant To Plaintiff Re Trademarks
Interrogatories Federal
Interrogatories Illinois
Interrogatories Massachusetts
Interrogatories New Jersey
Interrogatories New York
Interrogatories Ohio
Interrogatories Opposer Petitioner Ttab
Interrogatories Patent Owner To Accused Infringer Re Patents
Interrogatories Pennsylvania
Interrogatories Plaintiff To Defendant Re Trademarks
Interrogatories Response To Interrogatories Federal
Interrogatories Response To Interrogatories Massachusetts
Interrogatories Response To Interrogatories New York
Interrogatories To Employer In An Fmla Case
Interrogatories To Employer In Single Plaintiff Discrimination Case
Interrogatories To Plaintiff In An Flsa Administrative Exemption Misclassification Case
Interrogatories To Plaintiff In An Flsa Executive Exemption Misclassification Case
Interrogatories To Plaintiff In An Flsa Independent Contractor Misclassification Case
Interrogatories To Plaintiff In An Flsa Tip Pooling Or Tip Credit Case
Itc Section 337 Investigations Interrogatories Complainant To Respondent
Itc Section 337 Investigations Interrogatories Respondent To Complainant
Objections And Responses To Hatch Waxman Interrogatories Patent Owner Re Patents
Objections And Responses To Interrogatories Accused Infringer Re Patents
Objections And Responses To Interrogatories Applicant Respondent Ttab
Objections And Responses To Interrogatories Defendant To Plaintiff Re Trademarks
Objections And Responses To Interrogatories Opposer Petitioner Ttab
Objections And Responses To Interrogatories Patent Owner Re Patents
Objections And Responses To Interrogatories Plaintiff To Defendant Re Trademarks
Response To Interrogatories California
Response To Interrogatories Illinois
Responses To Interrogatories Florida
Section 1983 Interrogatories To Plaintiff In Section 1983 Excessive Force Case
Serving Interrogatories Florida Notice
Special Interrogatories California

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