RULE 71. INTERROGATORIES
- (a) Availability:. Any party may, without leave of Court, 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 or association or governmental agency,
by an officer or agent who shall furnish such information as is
available to the party.
- (b) Answers: All answers shall be made in good faith and as
completely as the answering party's information shall permit.
However, the answering party is required to make reasonable inquiry
and ascertain readily obtainable information. An answering party
may not give lack of information or knowledge as an answer or as a
reason for failure to answer, unless such party states that such
party has made reasonable inquiry and that information known or
readily obtainable by such party is insufficient to enable such
party to answer the substance of the interrogatory.
- (c) Procedure: Each interrogatory shall be answered separately
and fully under oath, unless it is objected to, in which event the
reasons for the objection shall be stated in lieu of the answer.
The answers are to be signed by the person making them and the
objections shall be signed by the party or the party's counsel. The
party on whom the interrogatories have been served shall serve a
copy of the answers, and objections if any, upon the propounding
party within 30 days after service of the interrogatories. The
Court may allow a shorter or longer time. The burden shall be on
the party submitting the interrogatories to move for an order with
respect to any objection or other failure to answer an
interrogatory, and in that connection the moving party shall annex
the interrogatories to the motion, with proof of service on the
other party, together with the answers and objections, if any.
Prior to a motion for such an order, neither the interrogatories
nor the response shall be filed with the Court.
- (d) Experts:
- (1) By means of written interrogatories in conformity with this
Rule, a party may require any other party (A) to identify each
person whom the other party expects to call as an expert witness at
the trial of the case, giving the witness' name, address, vocation
or occupation, and a statement of the witness' qualifications, and
(B) to state the subject matter and the substance of the facts and
opinions to which the expert is expected to testify, and give a
summary of the grounds for each such opinion, or, in lieu of such
statement to furnish a copy of a report of such expert presenting
the foregoing information.
- (2) For provisions regarding the submission and exchange of
expert witness reports, see Rule
143(f). That Rule shall not serve to extend the period of time
under paragraph (c) of this Rule within which a party must answer
any interrogatory directed at discovering (A) the identity and
qualifications of each person whom such party expects to call as an
expert witness at the trial of the case and (B) the subject matter
with respect to which the expert is expected to testify.
- (e) Option to Produce Business Records: Where the answer to an
interrogatory may be derived or ascertained from the business
records of the party upon whom the interrogatory has been served,
or from an examination, audit, or inspection of such business
records, or from a compilation, abstract, or summary based thereon,
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 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.
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