Interrogatories
(Plaintiff to Defendant) (WA)

Summary

This template contains basic interrogatories that may be used by a plaintiff in a civil action in Washington superior court. This template includes standard definitions and interrogatories that will be applicable to most cases and illustrates the general structure of an interrogatories document. It contains practical guidance and drafting notes. For a template containing interrogatories for use by a defendant, see Interrogatories (Defendant to Plaintiff) (WA). Interrogatories are a frequently used discovery device, consisting of written questions propounded by one party to another. See Wash. CR 33(a). Interrogatories may relate to any matter within the permissible scope of discovery under Wash. CR 26(b), and the answers may be used to the extent permitted by the rules of evidence. Wash. CR 33(b). For discussion of the scope of discovery and limits on permissible discovery, see Scope of Discovery and Objections to Discovery (WA) and Privilege and Work Product Doctrine: Asserting and Opposing Claims (WA). The responding party (in this case, the defendant) must either answer the interrogatories in writing and under oath or object to them. See Wash. CR 33(a). For a template response, see Objections and Responses to Interrogatories (WA). Interrogatories specific to the facts and issues in the case should be inserted into this template as appropriate. For examples of interrogatories relating to different types of cases, see Bender's Forms of Discovery, Vols. 1–10A (Matthew Bender). Wash. CR 36(a) provides that 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." The rule was drafted prior to the widespread use of word processing and electronic service of documents. Current common practice is for the parties to agree that the propounding party will provide the responding party with an electronic copy of the interrogatories in word processing format. The responding party may then insert its responses directly into the electronic copy of the document. This eliminates the need for the propounding party to anticipate the amount of space needed for response and for the responding party to attach separate pages to its response. The document should also comply with general format requirements for litigation documents, as well as any format requirements contained in local rules. See Formatting Rules in Court Checklist (WA). A plaintiff may serve interrogatories on a defendant at any time after the plaintiff serves the summons and a copy of the complaint on that defendant. See Wash. CR 33(a). In addition, you must consider any discovery cut-off date that applies to the case. See, e.g., Wash. Chelan Super. Ct. LR 37(f); Wash. King Super. Ct. LCR 37(g); Wash. Pierce Super. Ct. LR 3(g), (h). The interrogatories must be served far enough in advance of the discovery cut-off date to allow the responding party to serve its answers before the cut-off date. As a practical matter, it is usually a good idea to allow extra time between the expected response date and the discovery cut-off date in case the propounding party needs to file a motion to compel after receiving the responses. For a discussion of discovery cut-off dates under local rules, see Discovery Planning and Strategy (WA). The interrogatories should be served on the defendant's attorney, or directly on the defendant if not represented. See Wash. CR 5(a), (b). Interrogatories and responses to interrogatories should not be filed with the court unless needed for a proceeding (e.g., a discovery motion) or at trial. See Wash. CR 5(i). If filed for use in a proceeding such as a motion, only the portion(s) the party relies on should be filed. See Wash. CR 26(h). For discussion of procedures for serving and filing litigation documents generally, see Filing and Serving Documents Other Than Initial Complaint and Summons (WA). For more information on preparing interrogatories, see Interrogatories: Drafting and Serving Interrogatories (WA).