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Source Discovery Complete Civil Procedure List Matched to this deck.

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0 tracked cards Civil Procedure

In a federal antitrust case, the plaintiff served 40 interrogatories on the defendant. Several interrogatories asked the defendant to identify facts supporting its affirmative defenses. Others asked for sales figures that could be derived from thousands of invoices already maintained in the defendant's ordinary accounting system. The defendant objected to the number of interrogatories and proposed to answer some damages interrogatories by identifying business records.
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Absent stipulation or leave of court, the plaintiff may serve no more than 25 interrogatories including discrete subparts, and the defendant may rely on business records only if the burden of deriving the answer is substantially the same for either party and the records are specified in detail. The 25-interrogatory limit excludes discrete subparts, so each numbered question counts as only one interrogatory no matter how many separate facts it requests. The plaintiff may require the defendant to create new business records solely to answer interrogatories. The defendant need not sign interrogatory answers if counsel signs the objections.

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