FRCP/Discovery

Rule 33: Interrogatories to Parties

Quick Answer

What is Interrogatories to Parties?

Interrogatories are written questions sent to another party that must be answered in writing and under oath. They are a cost-effective discovery tool, but they are limited: each party may serve no more than 25 interrogatories on any other party, including discrete subparts.

Source: Fed. R. Civ. P. 33

Plain English Explanation

Interrogatories are useful for obtaining basic factual information — names of witnesses, identification of documents, chronologies of events, damage calculations, and legal contentions. Answers must be served within 30 days and must be verified under oath by the responding party. Objections must be stated with specificity.

One important feature is the business-records option: if the answer to an interrogatory can be derived from business records and the burden of finding the answer is substantially the same for both sides, the responding party may specify the records and let the requesting party do the work. Interrogatories can only be served on parties — you cannot send interrogatories to a nonparty witness.

Key Points

1Limited to 25 interrogatories per party (including discrete subparts)
2Answers must be under oath and served within 30 days
3Only parties may be served with interrogatories (not nonparties)
4The business-records option allows the responding party to specify records instead of answering directly
5Objections must be stated with specificity and are waived if not timely raised

Common Exam Issues

Whether a multi-part question counts as one interrogatory or multiple discrete subparts
Waiver of objections by failure to timely respond
Proper use of the business-records option under Rule 33(d)
Contention interrogatories asking for legal theories or factual bases