Sample Interrogatories

Below are model interrogatories in many different types of personal injury cases. For more sample discovery, pleadings, depositions, motions and trial transcripts and other legal educational materials, visit the Personal Injury Lawyer Help Center. If you are a lawyer with a serious injury accident, malpractice or product defect case in Maryland that you may wish to refer, visit our lawyer referral page for information on our co-counsel arrangements.

Sample Interrogatories for PlaintiffsInterrogatories
Sample Interrogatories from Defendants
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Sample Interrogatory Answers - Example Interrogatory Answers

Interrogatories are, as most anyone reading this knows, are written questions requiring the responding party to provide written answers under oath. In most jurisdictions, In Maryland, parties in a personal injury case may serve thirty interrogatories and typically have thirty days to respond (twenty-five in federal court under Rule 33). Because the number of interrogatories is restricted without a court order or an agreement among the parties, interrogatories in a complex case should be carefully drafted to request only information a lawyer cannot find using other discovery mechanisms.

In determining the number of interrogatories propounded, subparts are counted separately. So asking an interrogatory with several questions does not help keep the number down, no matter how they are arranged or numbered. If an interrogatory has five related subparts, it will be counted as five interrogatories. Be wary, however, of the overzealous defendant's personal injury lawyer deeming a question asking about, for example, communications of a particular type as multiple interrogatories because it requests time, place, persons present, etc. This type of request really should be considered one interrogatory.

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      In 1994, Maryland Rule 2-421 was amended allow a party to serve more than a single set of interrogatories. But the total number of interrogatories cannot exceed thirty. Accordingly, our attorneys suggest serving more than one set of interrogatories, first serving initial interrogatories as well as later ''clean-up'' interrogatories so long as the total number of questions does not exceed 30. In the sample interrogatories above, the first set listed assumes that all 30 interrogatories are asked at one time. The next three sample sets of interrogatories - using the preferred Plaintiff's personal injury attorney method - are sent throughout the course of discovery. Incredibly, last year once of our lawyers in a truck accident case in Baltimore City refused to answer discovery because the attorney thought three sets of requests for admission and interrogatories are just too much. Unfortunately, I do not think this attorney has ever read Maryland Rule 2-421 or Maryland Rule 2-424. Fortunately, our lawyers are sure that the judge that hears the motion to compel has read these rules.

      When using multiple sets of interrogatories, another tactic that leads to quality information about the case the defendant's attorney intends to present at trial is using alternative interrogatories. These interrogatories are used in conjunction with requests for admission. If a party denies a request for admission that goes to a critical component of Plaintiff's personal injury case, a alternative interrogatory asks the defendant's lawyer to set forth all facts and evidence upon which the defendant intends to rely upon at trial to support the defense lawyer's denial. Attorneys hate taking positions before trial. (We do too.) So if you can pin down what the arguments will be, you will be in a much better position to put on your case effectively.

     This rule does not direct how the interrogatory is asked. It can be either in the form of a question (usually contention interrogatories) or interrogatories can direct the answering party to supply specific information that is described.

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      Why are interrogatories so important to product liability, medical malpractice and accident lawyers? Interrogatories are frequently the best line of discovery for the lawyer to know the factual basis on which the defendant's lawyer intends to defend the case and the areas the plaintiff's lawyer needs to explore further with other discovery mechanisms. Deposition questions and requests for admissions of fact, for example, may be framed using information obtained in answers to interrogatories.

      We say "doggedly pursued" because Maryland lawyers defending auto accident, truck accident and medical malpractice cases have mastered the art of the objection. Many Maryland attorneys representing the defendants and their insurance companies often refuse to answer Plaintiff's interrogatories in personal injury auto accident cases, looking for creative ways to circumvent answering discovery. These lawyers are comforted by the fact that few plaintiffs' lawyers in Maryland personal injury cases actually hold these defense lawyers feet to the fire and make them answer in the face of silly objections.

The frivolous objections that these lawyers make come in many shapes and sizes. The most classic lawyer objection is that the interrogatory asked is objectionable under Maryland law on the grounds that it is "vague, burdensome, over broad, and not reasonably calculated to lead to admissible evidence." Maryland defense lawyers in personal injury cases use this objection to the simplest of questions. These Maryland accident lawyers also object to interrogatories because a specific word is not defined (no matter what the word is, right down to question what the definition of "is" is). Another favorite objection is that the plaintiff bears the burden so no answer is requred, an objection that is beyond silly.

No matter what the objection, the key is to object quickly and press the defendant's lawyer with a motion to compel if necessary. The process adds layers of time and expense, because a motion needs to be drafted and typically the Maryland judge will require the lawyers to attend a hearing on the motion. But the effort is worth getting proper and complete answers to the plaintiff's interrogatories.

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