Interrogatories: Responding to Interrogatories (Federal)

by Practical Law Litigation

A Practice Note addressing the procedures for responding to interrogatories under Rule 33 of the Federal Rules of Civil Procedure (FRCP). It offers comprehensive guidance on crafting appropriate answers and objections and details the obligations of parties and entities in federal civil litigation to provide written responses under oath. This Note emphasizes the importance of timely responses under FRCP 33, and the necessity for a reasonable inquiry into all available nonprivileged information. It explores the option to produce business records instead of written answers under FRCP 33(d). The Note also outlines the verification process, including the use of declarations under 28 U.S.C. § 1746, and highlights the role of designated representatives in entity responses. Additionally, it discusses the implications of counsel's signature under FRCP 26(g) and the significance of specific objections to avoid boilerplate language. This Note serves as a vital resource for understanding the intricacies of interrogatory responses, including the potential use of answers in litigation and settlement negotiations.