Interrogatories are formal written questions that one party in a lawsuit sends to another party as part of the discovery process. The recipient must answer each question in writing and under oath unless a valid legal objection applies.
In a personal injury lawsuit, interrogatories help both sides collect information about the accident, injuries, medical treatment, lost income, witnesses, insurance coverage, defenses, and claimed damages. Because the answers are sworn statements, inaccurate or incomplete responses can create serious problems later in the case.
What Are Interrogatories?
Interrogatories are a form of written discovery used in civil lawsuits. They allow a plaintiff or defendant to obtain relevant information from another party before trial.
For example, an injured plaintiff may ask the defendant to identify witnesses, explain available defenses, and disclose applicable insurance coverage. The defendant may ask the plaintiff to describe the accident, identify medical providers, and explain how the injuries affected the plaintiff’s employment and daily life.
Under Rule 33 of the Federal Rules of Civil Procedure, interrogatories must generally be answered separately and fully in writing under oath unless the responding party states a specific objection. State courts may have different rules, limits, and response deadlines.
Who Can Send or Receive Interrogatories?
Formal interrogatories may generally be sent only from one party in a lawsuit to another party.
This means:
- A plaintiff may serve interrogatories on a defendant.
- A defendant may serve interrogatories on a plaintiff.
- One defendant may serve interrogatories on another defendant.
- A nonparty witness generally cannot be required to answer interrogatories.
Information from a nonparty is usually obtained through a subpoena, deposition, or request for records. An insurance company’s informal questionnaire is also not necessarily the same as court-authorized interrogatories.
How Does the Interrogatory Process Work?
Although the exact procedure depends on the court and jurisdiction, the process generally follows these steps:
- One party prepares written questions. The questions must seek information relevant and proportional to the needs of the case.
- The interrogatories are formally served. They are usually delivered to the responding party through that party’s attorney.
- The recipient reviews the questions with an attorney. The attorney may explain confusing questions, identify valid objections, and help gather the necessary information.
- Written answers and objections are prepared. Each interrogatory must ordinarily receive a separate answer or a specific objection.
- The party verifies the answers. The person providing the factual answers generally signs a verification confirming that the answers are true to the best of their knowledge.
- The responses are served on the requesting party. The answers are typically exchanged between the parties rather than filed with the court unless they become relevant to a motion or hearing.
An attorney may help draft responses, but the party answering the interrogatories remains responsible for the truthfulness of the factual information.
How Many Interrogatories Can Be Asked?
In federal court, each party may generally serve up to 25 interrogatories, including discrete subparts, unless the parties agree otherwise or the court allows additional questions.
State courts may impose different limits. Some jurisdictions permit more questions, use separate limits for form and special interrogatories, or require court approval after a certain number.
A question cannot always avoid the limit merely by placing several independent questions under one number. A court may count logically separate subparts as individual interrogatories.
How Long Do You Have to Answer Interrogatories?
Under the federal rules, written answers and objections are generally due within 30 days after service. However, the deadline may be different when:
- State procedural rules apply.
- The court sets another deadline.
- The parties agree to an extension.
- A defendant has recently been served with the lawsuit.
- The method of service adds time under applicable rules.
Never assume that every interrogatory deadline is 30 days. Your attorney should confirm the exact deadline that applies to your case.
What Do Personal Injury Interrogatories Ask the Plaintiff?
Interrogatories sent to an injured plaintiff often seek information about the accident, the injuries being claimed, and the damages allegedly caused by the defendant.
Common subjects include:
- How and where the accident happened
- The plaintiff’s version of what caused the accident
- Witnesses with relevant information
- Injuries attributed to the accident
- Hospitals, physicians, therapists, and other medical providers
- Previous injuries, accidents, or medical conditions
- Medical expenses and treatment received
- Employment history and claimed lost wages
- Physical limitations and changes to daily activities
- Insurance benefits, medical liens, or other payments
- Photographs, recordings, reports, and other evidence
- The calculation of claimed damages
- Statements made about the accident
- Experts the plaintiff expects to rely upon
Questions about previous injuries do not necessarily mean the plaintiff’s current claim is invalid. The defense may be trying to determine whether a prior medical condition contributed to the symptoms now being claimed.
Plaintiffs should disclose relevant prior conditions honestly while allowing their attorneys to object to requests that are excessively broad, invasive, or unrelated to the lawsuit.
What Can a Plaintiff Ask the Defendant?
Interrogatories are not used only by defendants. An injured plaintiff can use them to obtain important information about the person, business, or organization accused of causing the injury.
Depending on the case, the plaintiff may ask the defendant to:
- Explain their version of the accident
- Identify witnesses and people with relevant knowledge
- State the factual basis for each defense
- Identify applicable insurance policies
- Describe the ownership or control of a vehicle or property
- Explain an employee’s duties and employment relationship
- Identify safety policies, inspection procedures, or training
- Describe vehicle or equipment maintenance
- Identify citations, reports, photographs, or recordings
- Explain whether evidence was preserved
- Identify experts or investigators involved in the case
- Describe prior similar incidents when legally relevant
The plaintiff cannot use interrogatories to demand every piece of information imaginable. Discovery ordinarily must relate to the claims or defenses and remain proportional to the case under Rule 26 of the Federal Rules of Civil Procedure.
Do You Have to Answer Every Interrogatory?
You must respond to properly served interrogatories, but that does not mean every question must be answered exactly as written. Your attorney may object when a question is legally improper.
Possible objections include that an interrogatory is:
- Irrelevant to the claims or defenses
- Disproportionate to the needs of the case
- Protected by attorney-client privilege
- Protected as attorney work product
- Vague or ambiguous
- Overly broad
- Unduly burdensome
- Compound or composed of multiple separate questions
- Seeking information already equally available through business records
An objection should identify the specific reason the question is improper. A general statement that every question is “overly broad and burdensome” may be insufficient.
When only part of a question is objectionable, the responding party may still need to answer the unobjectionable portion.
What Does It Mean to Answer Interrogatories Under Oath?
Answering under oath means the responding party verifies that the factual answers are truthful and accurate to the best of their knowledge.
The attorney normally signs the objections, while the person supplying the answers signs the verification. Knowingly providing false information can damage the person’s credibility and may expose them to court sanctions or other legal consequences.
If you do not know an answer, do not guess. Tell your attorney what you know, what you do not know, and what reasonable steps you took to locate the information.
Can Interrogatory Answers Be Changed?
Interrogatory answers may need to be supplemented or corrected if a party later learns that an answer was materially incomplete or inaccurate.
For example, a plaintiff may discover an overlooked medical provider, receive a new diagnosis, or return to work after initially claiming ongoing lost wages. The plaintiff should inform their attorney so the response can be updated when required.
Correcting an honest mistake promptly is usually safer than allowing an inaccurate answer to remain in the record and be raised during a deposition or at trial.
How Can Interrogatory Answers Affect a Personal Injury Case?
Interrogatory responses can shape several parts of a lawsuit.
They may be used to:
- Identify evidence and witnesses
- Evaluate liability and comparative fault
- Calculate medical expenses and lost income
- Investigate previous injuries or claims
- Prepare questions for a deposition
- Support or oppose a motion for summary judgment
- Evaluate settlement positions
- Challenge inconsistent testimony
- Narrow the factual issues before trial
Interrogatory answers are not automatically accepted as proven facts simply because they are written. However, an opposing attorney may compare them with medical records, deposition testimony, social media posts, and trial testimony.
A significant inconsistency can be used to question a party’s accuracy or credibility.
Interrogatories vs. Other Discovery Methods
| Discovery method | What it requires | How the response is given |
|---|---|---|
| Interrogatories | Answers to formal written questions | Written and generally under oath |
| Deposition | Live questioning of a party or witness | Oral testimony under oath |
| Request for production | Documents, electronically stored information, photographs, or physical evidence | Records or items are produced |
| Request for admission | Admission or denial of specific facts or document authenticity | Written admission, denial, or qualified response |
| Subpoena | Testimony or records from a party or nonparty | Compliance as directed by the subpoena |
These tools may be used together. For example, interrogatory answers may identify a witness who is later questioned during a deposition.
Example of Interrogatories in a Personal Injury Case
Suppose Maria files a lawsuit after being injured in a delivery-truck accident. The delivery company sends interrogatories asking her to identify every medical provider who treated her, describe her injuries, disclose previous back problems, and calculate her lost wages.
Maria answers truthfully with help from her attorney. She discloses that she experienced minor back pain five years earlier but explains that she had recovered before the collision. Her current medical records show a new disc injury immediately after the truck accident.
Maria’s attorney sends interrogatories asking the company who employed the driver, whether the driver was working at the time, what training the driver received, and which insurance policies may cover the accident.
The answers help both sides evaluate causation, employment responsibility, damages, and available insurance coverage.
What Happens if Someone Ignores Interrogatories?
Ignoring properly served interrogatories can lead to serious consequences.
The requesting party may attempt to resolve the issue informally and then file a motion asking the court to compel answers. Under Rule 37 of the Federal Rules of Civil Procedure, failure to provide discovery can result in orders compelling a response, payment of expenses, evidentiary restrictions, or other sanctions.
Severe or repeated noncompliance may result in defenses being limited, claims being dismissed, or a default judgment being entered in extreme cases.
If you cannot meet the response deadline, contact your attorney immediately. Your attorney may be able to request an extension before the deadline expires.
Do Interrogatories Mean My Case Is Going to Trial?
No. Interrogatories are a routine part of civil discovery and do not necessarily mean a case will reach trial.
The information exchanged during discovery often helps the parties evaluate the strengths and weaknesses of the case. That information may encourage settlement negotiations by giving both sides a clearer picture of liability, damages, and available evidence.
Can Interrogatories Affect Pre-Settlement Funding?
Interrogatories do not automatically qualify or disqualify someone for pre-settlement funding. However, the information revealed through discovery may affect how a funding company evaluates the potential value and risk of the claim.
For example, responses concerning liability, prior injuries, medical treatment, insurance coverage, or lost income may strengthen or weaken the expected recovery. A funder may ask the applicant’s attorney about the status of discovery, but the funding company should not control how interrogatories are answered or direct the attorney’s legal strategy.
Express Legal Funding evaluates applications based on the circumstances of the claim, the available evidence, and the potential recovery. Approval and funding amounts are not guaranteed.
Frequently Asked Questions About Interrogatories
What should I do if I forgot to disclose a previous accident?
Tell your attorney immediately. Your attorney can determine whether the interrogatory response should be supplemented or corrected. Promptly fixing an honest omission is generally better than allowing the opposing party to discover it through medical records or another source.
What if I genuinely do not know the answer to an interrogatory?
Do not guess or invent an answer. Explain to your attorney what you know and describe any reasonable effort made to obtain the missing information. Depending on the question, the response may state that you cannot presently answer after a reasonable inquiry.
Can the defendant demand my entire medical history?
A defendant may request medical information relevant to the injuries, conditions, and damages involved in the lawsuit. However, your attorney may object if a request is unlimited, excessively broad, or seeks unrelated private information. A protective order or narrower date range may sometimes be appropriate.
What if interrogatories ask about my social media activity?
Social media information may be discoverable when it relates to the accident, injuries, physical abilities, or claimed emotional harm. Do not delete posts or accounts after receiving a discovery request, because deleting relevant information could be treated as destruction of evidence. Discuss the scope of the request with your attorney.
What happens if I already missed the deadline to answer?
Contact your attorney immediately. The attorney may be able to negotiate an extension or serve late responses before a motion is filed. Continuing to ignore the deadline increases the risk of a motion to compel, attorney-fee awards, or other sanctions.
Key Takeaway
Interrogatories are sworn written questions used to uncover information during a civil lawsuit. In a personal injury case, they can affect how the parties evaluate fault, injuries, damages, insurance coverage, and settlement value.
Answer each question carefully, truthfully, and with your attorney’s guidance. Never guess, conceal relevant facts, or ignore a response deadline.
Disclaimer: This page is provided by Express Legal Funding for general educational purposes only and does not constitute legal or financial advice. Discovery rules, interrogatory limits, response deadlines, and available objections vary by court and jurisdiction, so consult a qualified attorney about your case. Pre-settlement funding is subject to underwriting, applicable law, and the funding agreement; advances and fees reduce the claimant’s final recovery.
