“Interrogatories” are a discovery tool (among many) used in lawsuits in New York courts. In sum, these are written questions seeking specific information – including the identification of witnesses and the factual bases for a party’s contentions – pertinent to the case.
The use of interrogatories is specified in Civil Practice Law and Rules (CPLR ยง 3130):
1. Except as otherwise provided herein, after commencement of an action, any party may serve upon any other party written interrogatories. Except in a matrimonial action, a party may not serve written interrogatories on another party and also demand a bill of particulars of the same party pursuant to section 3041. In the case of an action to recover damages for personal injury, injury to property or wrongful death predicated solely on a cause or causes of action for negligence, a party shall not be permitted to serve interrogatories on and conduct a deposition of the same party pursuant to rule 3107 without leave of court.
2. After the commencement of a matrimonial action or proceeding, upon motion brought by either party, upon such notice to the other party and to the non-party from whom financial disclosure is sought, and given in such manner as the court shall direct, the court may order a non-party to respond under oath to written interrogatories limited to furnishing financial information concerning a party, and further provided such information is both reasonable and necessary in the prosecution or the defense of such matrimonial action or proceeding.
Based on the specific provisions of subsection (1), in arguably the most prevalent form of litigation in New York state court – personal injury claims predicated on negligence – interrogatories are rarely, if ever, used. In these types of cases, parties typically employ Bills of Particulars and Depositions in lieu of interrogatories.
Moreover, CPLR 3132 (titled “Service of Interrogatories”) provides that
After commencement of an action, any party may serve written interrogatories upon any other party. Interrogatories may not be served upon a defendant before that defendant’s time for serving a responsive pleading has expired, except by leave of court granted with or without notice. A copy of the interrogatories and of any order made under this rule shall be served on each party.
CPLR 3133 governs the service of answers or objections to interrogatories:
(a) Service of an answer or objection. Within twenty days after service of interrogatories, the party upon whom they are served shall serve upon each of the parties a copy of the answer to each interrogatory, except one to which the party objects, in which event the reasons for the objection shall be stated with reasonable particularity.
(b) Form of answers and objections to interrogatories. Interrogatories shall be answered in writing under oath by the party served, if an individual, or, if the party served is a corporation, a partnership or a sole proprietorship, by an officer, director, member, agent or employee having the information. Each question shall be answered separately and fully, and each answer shall be preceded by the question to which it responds.
(c) Amended answers. Except with respect to amendment or supplementation of responses pursuant to [CPLR 3101(h)], answers to interrogatories may be amended or supplemented only by order of the court upon motion.
Finally, Section 202.20 of the Uniform Civil Rules For The Supreme Court & The County Court provides that interrogatories “are limited to 25 in number, including subparts, unless the parties agree or the court orders otherwise.”
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In sum, where properly interposed, interrogatories can be a useful disclosure device for obtaining particular facts, as well as the parties’ contentions. However, it should be noted that interrogatories are likely to be responded to with the aid of counsel, and lack the benefit of the “real time” question-and-answer format of the deposition.