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PS 101 – Chapter 6 – Article 6 – Service of Interrogatories

Interrogatories, as the name implies, are a series of questions propounded by one party to another party. It is not unknown for interrogatories to be served along with a summons and complaint as part of the original process starting the case.

Though there is no rule or statute specifying how interrogatories are to be served it is implied by their close relationship to the summons and complaint that they are served in the manner of a summons.

Interrogatories are typically served as an “original plus 1” or, as commonly written, “O+1”. The party upon whom they are served is supposed to complete the original document by answering the questions and return it to the party who issued them. The copy (the “+1”) is retained by the party to whom they were directed and is for their records. It is important to note the “O+1” in the listing of documents on the process server’s proof of service.

CR-33 (in part)

(a)
Availability; Procedures for Use. 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 or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after the summons and a copy of the complaint are served upon the defendant, or the complaint is filed, whichever shall first occur, and upon any other party with or after service of the summons and complaint upon that party. Interrogatories shall be so arranged that after each separate question there shall appear a blank space reasonably calculated to enable the answering party to place the written response. In the event the responding party either chooses to place the response on a separate page or pages or must do so in order to complete the response, the responding party shall clearly denote the number of the question to which the response relates, including the subpart thereof if applicable. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 40 days after service of the summons and complaint upon that defendant. The parties may stipulate or any party may move for an order under rule 37(a) with respect to any objection to or other failure to answer an interrogatory.

Service Instructions Summary

Present the documents to:

  Who When & Where
1. Serve in the manner of a summons Serve in the manner of a summons

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