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Rule 33 – Interrogatories to Parties.

May 14, 2021 | Civil Procedure, Rhode Island

(a)Availability; Answers; Objections. Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership, governmental entity, or unincorporated association, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may be served after commencement of the action and without leave of court, except that, if service is made by the plaintiff within sixty (60) days after service of process upon the defendant, leave of court granted with or without notice must be first obtained.

Each interrogatory shall be answered separately and fully in writing under oath. If the interrogatory is objected to, the reasons for the objection shall be stated. Each answer shall be preceded by the interrogatory to which it responds. The answers shall be signed by the person making them; and the party upon whom the interrogatories have been served shall serve a copy of the answers and objections on the party submitting the interrogatories within forty (40) days after the service of the interrogatories, unless the court on motion and notice and for good cause shown, enlarges or shortens the time. With the party’s answers a party may serve specific written objections to particular interrogatories, stating the grounds on which the objections are based. The party shall answer to the extent the interrogatory is not objectionable. Failure to serve such objections within the time prescribed shall constitute a waiver thereof. Answers to interrogatories to which objection is made may be deferred until an order to answer is entered in accordance with Rule 37(a) upon motion of the interrogating party.

(b)Scope; Limitations. Interrogatories may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the extent permitted by the Rhode Island Rules of Evidence. Interrogatories may be served before or after a deposition has been taken, and a deposition may be sought before or after interrogatories have been answered, but the court on motion of the deponent or the party interrogated, may make such protective order as justice may require. A party may serve more than one (1) set of interrogatories upon another party provided the total number of interrogatories shall not exceed thirty (30) unless the court otherwise orders for good cause shown. The provisions of Rule 26(c) are applicable for the protection of the party from whom answers to interrogatories are sought under this rule.

An interrogatory is not objectionable merely because it calls for an answer which involves an opinion or contention that relates to fact, or to the application of law to fact, but the court may order that such an interrogatory need not be answered until after other designated discovery has been completed or at some other later time.

(c)Continuing Duty to Answer. If the party furnishing answers to interrogatories shall subsequently obtain information which renders such answers incomplete or incorrect, amended answers shall be served within a reasonable time thereafter but not later than thirty (30) days prior to the day fixed for trial. Thereafter amendments may be allowed only on motion and upon such terms as the court may direct.
(d)Option to Produce Business Records. If the answer to an interrogatory may be derived or ascertained from the business records (including electronically stored information) of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, including a compilation, abstract or summary thereof, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and identify, as readily as can the party served, the records from which the answer may be ascertained.

R.I. Super. Ct. R. Civ. P. 33

Amended November 6, 2017, effective November 6, 2017.