The amendment expedites the procedure of the rule and serves to eliminate the strike value of objections to minor interrogatories. Under the original wording, answers to all interrogatories may be withheld until objections, sometimes to but a few interrogatories, are determined. The addition of the words “to interrogatories to which objection is made” insures that only the answers to the objectionable interrogatories may be deferred, and that the answers to interrogatories not objectionable shall be forthcoming within the time prescribed in the rule. The portion of the rule dealing with practice on objections has been revised so as to afford a clearer statement of the procedure. The time within which leave of court must be secured by a plaintiff has been fixed at 10 days, in view of the fact that a defendant has 10 days within which to make objections in any case, which should give him ample time to engage counsel and prepare.įurther in the first paragraph of Rule 33, the word “service” is substituted for “delivery” in conformance with the use of the word “serve” elsewhere in the rule and generally throughout the rules. It has been the accepted view, however, that the times were the same in Rule 33 as those stated in Rule 26(a). Original Rule 33 does not state the times at which parties may serve written interrogatories upon each other. The added second sentence in the first paragraph of Rule 33 conforms with a similar change in Rule 26(a) and will avoid litigation as to when the interrogatories may be served. Notes of Advisory Committee on Rules-1946 Amendment This rule restates the substance of Equity Rule 58 (Discovery-Interrogatories-Inspection and Production of Documents-Admission of Execution or Genuineness), with modifications to conform to these rules. Notes of Advisory Committee on Rules-1937 (2) giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries. (1) specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could and If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party's business records (including electronically stored information), and if the burden of deriving or ascertaining the answer will be substantially the same for either party, the responding party may answer by: An answer to an interrogatory may be used to the extent allowed by the Federal Rules of Evidence. The person who makes the answers must sign them, and the attorney who objects must sign any objections. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure. The grounds for objecting to an interrogatory must be stated with specificity. Each interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories. (B) if that party is a public or private corporation, a partnership, an association, or a governmental agency, by any officer or agent, who must furnish the information available to the party. (A) by the party to whom they are directed or An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the court may order that the interrogatory need not be answered until designated discovery is complete, or until a pretrial conference or some other time. An interrogatory may relate to any matter that may be inquired into under Rule 26(b). Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(1) and (2). Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts.
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