Objections and Responses to Interrogatories
(MD)

Summary

This template is objections and responses to interrogatories that may be used by a defendant in a Maryland state case. This template includes practical guidance, drafting notes, and alternate clauses. Interrogatories are a frequently used discovery device, consisting of written questions propounded by one party to another. Interrogatories may relate to any matter, not privileged, relevant to the claims and defenses of any party. As the responding party, you must either answer the interrogatory under oath or provide a specific objection. See Md. Rule 2-421(b). Md. Rule 2-421(a) states that a party must provide answers known to the "party directly or through agents, representatives, or attorneys." Id. On the other hand, Md. Rule 2-421(d) provides that the answers to interrogatories are admissions of a party and are otherwise admissible at trial to the extent permitted by the rules of evidence. See Md. Rule 2-421(d). A responding party must therefore provide responses even if the party lacks direct knowledge, but should make sure at trial to object to admissibility on the basis that the information is not "otherwise admissible . . . by the rules of evidence." At times it may be appropriate to provide the source of knowledge in the interrogatory if an argument will later be presented that the information is irrelevant or the responding party lacks personal knowledge or other competence. This should obviously not be done if the source is privileged, and is subject to tactical decision-making. When responding to interrogatories, take several tactical considerations into account. If your objection is deemed to be improper, you subject your client (and potentially yourself) to sanctions in litigation. You must have a thorough understanding of what objections are appropriate. Often attorneys include the following limiting introduction to a response: (a) The information supplied in these answers is not based solely on the information of the executing party, but includes the knowledge of the party's agents, representatives, and, unless privileged, attorneys. (b) The word usage and sentence structure is that of the attorney who prepared these answers and does not purport to be the exact language of the executing party. Niemeyer and Schuett correctly point out however, that this limitation "serves little purpose because the party making the response is nevertheless bound by the answers as written, and the party adopts the answers upon signing them under oath." See Maryland Rules Commentary 2-421.04 (2021). When the interrogatories first are received, forward them to your clients with guidance as to what questions they must provide information and draft answers. Give them a deadline by which to respond, allowing sufficient time for the final responses to be prepared and served. This template assumes the defendant is responding to interrogatories served by the plaintiff. If you represent the plaintiff or co-defendant, you should customize accordingly. For more information on responding to interrogatories, see Interrogatories: Responding to Interrogatories (MD). For a related template, see Interrogatories (MD).