Just. Ct. R. Civ. proc. 124

As amended through August 22, 2024

Rule 124 - Interrogatories to Parties

a.Definition; scope. "Interrogatories" are written questions that are sent by a party to another party, and which must be answered in writing and under oath by the party to whom the interrogatories are sent. Following each interrogatory there must be a space that is large enough for the party to whom it is sent to provide an answer or an objection. An interrogatory may inquire about any matter permitted under Rule 122(a). An interrogatory is not necessarily objectionable because it asks for an opinion, or because it presents a contention that relates to a fact or that involves the application of law to facts, but an answer to such an interrogatory need not be provided until discovery has been completed. Interrogatories may not be sent by a party to a witness. [ARCP 33(a), (b)]

b.Notice of service of interrogatories. Interrogatories may be served with the summons and complaint, or at any time thereafter unless otherwise ordered by the court. Interrogatories must be provided to ("served on") (1) the party who is required to answer them, and (2) the other parties to the lawsuit. The interrogatories must be served with a notice of service of interrogatories. The notice must state the specific calendar date when the answers are due based on these rules, or as ordered by the court. The notice must also include the following language:

"The Justice Court Rules of Civil Procedure allow a party to send up to five (5) interrogatories to another party, unless the party asks the court for permission to serve more and the court gives permission because the party showed good cause for serving more. An interrogatory is a written question that is sent by a party to another party that must be answered in writing and under oath by the party to whom the interrogatory is sent. If you do not answer an interrogatory because you object to the interrogatory, you must state a reason for your objection.

"Provide your answers in the space directly below each question. If there is not enough space for your answer to a particular question, you may continue on a blank page by including the question above your answer. After you have completed your response to the interrogatories, you must sign on the last page to affirm that you have truthfully answered the questions and that you have a good faith basis for any objections that you may have made. You must provide your original answers to interrogatories to the party who sent them to you, and you must provide a copy to every other party in the lawsuit.

"Your response to these interrogatories is due forty (40) days after they have been served on you, unless the interrogatories were served with the summons and complaint, in which case your response is due within sixty (60) days after the date of service, or unless otherwise ordered by the court. If you do not answer these interrogatories by the date provided in this notice, the party who served them may file a motion asking that the court order you to answer them. If the court enters that order, the court may also require you to pay expenses, including attorneys' fees incurred by the other party in obtaining the order. If you fail to comply with the order, the other party may ask the court to impose additional penalties against you, including: that you may not introduce evidence of some or all or your claims or defenses in this lawsuit; if you are a plaintiff, that your lawsuit be dismissed; or if you are a defendant, that judgment be entered against you by default."[ARCP 33(a), (b)]

c.Uniform interrogatories. The court has standard interrogatories (also known as "uniform interrogatories") that are available for contract and personal injury cases. A party may request another party to answer one or more uniform interrogatories; each uniform interrogatory and its sub-parts counts as one interrogatory. Uniform interrogatories may be found on the website referred to in Rule 148(a). [ARCP 33(a)]

d.Use of interrogatories in court proceedings. An answer to an interrogatory may be used in court to the extent permitted under the rules of evidence; see Rule 137(a). [ARCP 33(c)]

Just. Ct. R. Civ. proc. 124

Adopted Aug. 30, 2012, effective 1/1/2013; amended Dec. 12, 2019, effective 1/1/2020.