Service Of Interrogatories Federal Rules In Hennepin
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FAQ
A photocopy of your form interrogatories must be served on the attorney for the responding party or directly to the responding party if he or she is self-represented (in pro per). Courtesy copies should be served on all other attorneys or self-represented parties in the case.
Unless leave of court is obtained, interrogatories may not be served prior to the meeting of the parties under Rule 26(f).
The original form interrogatories and signed proof of service should be retained for your records. If the other party does not respond to your requests, you may use these documents to support a motion to have the court compel responses.
Civ. P. 33(b)(1)(B), (3) and (5), and Petitioner never moved to compel a proper verification.” Under Rule 33, answers to interrogatories must be verified and must be signed by the person answering the interrogatory, not only by the party's attorney.
(a) A defendant may propound interrogatories to a party to the action without leave of court at any time. (b) A plaintiff may propound interrogatories to a party without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first.
The purpose of this requirement—that defendant have time to obtain counsel before a response must be made—is adequately fulfilled by the requirement that interrogatories be served upon a party with or after service of the summons and complaint upon him.
Interrogatories may, without leave of court, be served upon the plaintiff after filing of the complaint and upon any other party with or after service of the summons and complaint upon that party.
Rule 69. In aid of the judgment or execution, the judgment creditor, or successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided by these rules.
Interrogatories are lists of questions sent to the other party that s/he must respond to in writing. You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion.
