Objections and Responses to Interrogatories
(MI)

Summary

This template is a response to interrogatories for use in a civil action in Michigan circuit court. This form illustrates the general structure of a response to interrogatories and includes examples of general objections and various forms of specific responses and objections to interrogatories. This template includes practical guidance and drafting notes. Interrogatories are a frequently used discovery device, consisting of written questions propounded by one party to another. See MCR 2.309(A)(1). Interrogatories may relate to any matter within the permissible scope of discovery under MCR 2.302(B). MCR 2.309(D)(1). For discussion of the scope of discovery and limits on permissible discovery, see Scope of Discovery and Objections to Discovery (MI). The responding party must either answer the interrogatories in writing and under oath or object to them, and must sign the answers. See MCR 2.309(B)(1), (3). If the responding party is a corporation or other entity, an officer or agent of the party should answer and sign the interrogatories. The responding party's attorney must sign any objections. See MCR 2.309(A)(1), (B)(3). Answers to interrogatories should be prepared with care. The answers provided to interrogatories may be used at trial or in other proceedings, to the extent permitted under the rules of evidence. MCR 2.309(D)(3). A party's answer to an interrogatory, if relevant and otherwise admissible, may be admitted as a party admission and is not considered hearsay. See MRE 801(d)(2). For example, an opposing party's answers to interrogatories may be considered as evidence supporting or opposing a motion for summary disposition. See MCR 2.116(G)(5), (6); Bergen v. Baker, 264 Mich. App. 376, 388, 691 N.W.2d 770, 778 (2004). Attorneys have different preferences for preparing responses to interrogatories, and the approach taken may also differ depending on the nature of the case and the number and complexity of the interrogatories propounded. One approach is to forward the interrogatories to the client and request that the client prepare draft answers, which the attorney and client will then review together and revise before serving. Another approach is for the attorney and client to sit down together and review each interrogatory before any responses are drafted. Regarding format of interrogatory responses, MCR 2.309 requires the following: • The response must be in writing. See MCR 2.309(B)(1).The response must be in writing. See MCR 2.309(B)(1). • Each interrogatory must be answered "separately and fully." See MCR 2.309(B)(1). • The answering party must repeat each interrogatory or sub-question immediately before the answer to it. MCR 2.309(B)(2). Consider entering into stipulations regarding the format of interrogatories and responses. See generally MCR 2.302(F)(3). It may make sense to agree with opposing counsel to the service of interrogatories in the form of electronic (i.e., word processing) documents by email. In that case, the responding party may simply input its answers and objections directly into the interrogatory document without having to re-input the questions. The response document should also comply with general format requirements applicable to litigation documents generally, as set forth in statewide and local rules. See Formatting Rules in Court Checklist (MI). A party served with interrogatories generally must respond within 28 days after service of the interrogatories. However, a defendant served with interrogatories need not respond until 42 days after the service of the complaint and summons on that defendant. MCR 2.309(B)(4). The court may allow a longer or shorter time and, for good cause shown, may excuse service of the responses on parties other than the party who served the interrogatories. MCR 2.309(B)(4). The rules also specifically authorize the court to allow further time to answer contention interrogatories. See MCR 2.309(D)(2). The parties may also extend the time for response by stipulation, but stipulations may not extend any scheduling order deadlines without court approval. MCR 2.302(F)(3). The responding party must serve the answers and objections on the propounding party and on all other parties. See MCR 2.309(B)(4). If a party is represented by an attorney, the response should be served on the party's attorney. See MCR 2.107(B). Interrogatory responses should not be filed with the court unless needed in connection with a motion or at trial. See MCR 2.302(H)(1). For discussion of service and filing procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (MI). For more information on responding to interrogatories, see Interrogatories: Responding to Interrogatories (MI).