What are interrogatories?
Interrogatories are written questions one party sends to another, which must be answered in writing under oath.
Interrogatories are written questions one party must answer under oath.
Where the word "Interrogatories" comes from
Interrogatories come from the Latin interrogare, to ask. They are a discovery tool in civil cases, letting parties obtain written answers to specific questions, and they are usually limited in number by court rules.
Why Interrogatories matters
They gather basic facts and identify witnesses, documents, and contentions without the cost of depositions. The answers are sworn and can be used at trial, so they bind the responding party.
Common confusion about Interrogatories
Interrogatories are not the same as document requests or depositions. They ask for answers, while document requests ask for records, and depositions involve live questioning, so each tool serves a different purpose and they are often used together.
A real-world example of Interrogatories
In a contract dispute, the plaintiff sends the defendant interrogatories asking about the contract's execution, the parties' communications, and any documents supporting the defendant's defenses.
A worked example of Interrogatories
A business sues a supplier for delivering defective parts. The plaintiff serves interrogatories asking how the parts were manufactured, who inspected them, and whether the supplier knew of the defects. The supplier must answer in writing under oath within the time allowed, and its answers, if inconsistent with later testimony, can be used against it at trial. Objections must be specific, because a party cannot simply refuse to answer without a valid basis.
How Interrogatories works in practice
Answer interrogatories completely and carefully, because sworn written answers are binding and hard to correct later. When drafting them, ask for names, dates, and documents rather than open-ended essays, since specific answers are more useful. Meet the response deadline, because failing to respond can result in court sanctions, including preclusion of evidence. Interrogatories are especially useful for locking in the other side's version of the facts before a deposition, and the answers can later be used to cross-examine the responding party or to support a motion for summary judgment if the responses fail to establish the elements of the claim. Because the answers are given under oath, a party who later testifies differently at trial can be impeached with the earlier responses, which gives interrogatories real teeth.
Questions about Interrogatories
How many can I send?
Court rules cap the number unless extended.
Must answers be truthful?
Yes — they are under oath, like testimony.
Can I object?
Yes, to improper or burdensome questions.