Interrogatories
(MN)

Summary

These template interrogatories are for discovery between parties in civil actions in Minnesota district court. This template includes the components of a complete set of interrogatories, including a caption, definitions, instructions, and a certificate of service. This template includes practical guidance, drafting notes, and optional clauses. This template assumes the plaintiff is propounding the interrogatories. If you represent the defendant, customize the template accordingly. Minnesota Rule of Civil Procedure 33 governs interrogatories in Minnesota district courts. Minn. R. Civ. P. 33. It addresses basic procedures and the number and form of interrogatories which may be served on other parties. Along with Rules 26.07 and 37, it also governs procedures for answering interrogatories and procedures and sanctions for failure to answer interrogatories. "Any party may serve written interrogatories upon any other party" at any time after the commencement of suit without leave of court. Minn. R. Civ. P. 33.01(a). Note, however, that no discovery may be served until the parties conferred and prepared a discovery plan as required by Minn. R. Civ. P. 26.06(c). Minn. R. Civ. P. 26.04. A party may serve no more than 50 interrogatories on another party without leave of court. Minn. R. Civ. P. 33.01(a). Strive to avoid wasting interrogatories by drafting precise interrogatories that are not repetitive. Subdivisions of interrogatories count towards the total of 50. Minn. R. Civ. P. 33.01(a) You need not serve all 50 permitted interrogatories at the same time. You may want to serve preliminary "background" interrogatories first aimed at gathering information beyond that contained in initial disclosures. Dependent upon the answers received, serve a second set of interrogatories to obtain more specific information from the other party. Answers to interrogatories must be served within 30 days of the service of the interrogatories unless the court orders otherwise. Minn. R. Civ. P. 33.01(b). When drafting interrogatories, keep the following in mind: • Minnesota Rule of Civil Procedure 26 governs all aspects of discovery in civil litigation, including interrogatories. Read it before drafting interrogatories to understand both the letter and the spirit of the discovery process, including its scope and limitations. • Progress from general to specific questions, beginning with an interrogatory requesting the identity of the person answering. • Be sure interrogatories are comprehensible to avoid an objection from the answering party. • To avoid an objection from the answering party, be sure interrogatories do not request privileged or irrelevant information. They may seek inadmissible information as long as it is relevant to any party's claim or defense and is proportional to the needs of the case. See Minn. R. Civ. P. 26.02(b). • Proofread comprehensively to be sure dates, times, places, identities, and other facts set out in your interrogatories are correct. • Serve interrogatories early and keep an eye on your deadlines: district court scheduling orders set out a limited time in which to conduct discovery. For more information on interrogatories see Interrogatories: Drafting and Serving Interrogatories Checklist (MN) and Interrogatories: Responding to Interrogatories (MN). For a related checklist, see Interrogatories: Responding to Interrogatories Checklist (MN). For a related template, see Objections and Responses to Interrogatories (MN).