Special Interrogatories
(CA)

Summary

This template illustrates the general format of special interrogatories that a party to a California civil action may use to obtain information from the opposing party during the discovery process. 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 Cal. Code Civ. Proc. § 2030.010(a). Interrogatories may relate to any matter within the permissible scope of discovery under Cal. Code Civ. Proc. § 2017.010 et seq., and the answers may be used to the extent permitted by the rules of evidence. Cal. Code Civ. Proc. §§ 2030.010(a), 2030.040. For discussion of the scope of discovery and limits on permissible discovery, see Scope of Discovery and Objections to Discovery (CA) and Privilege and Work Product Doctrine: Asserting and Opposing Claims (CA). The responding party must either answer the interrogatories in writing and under oath or object to them. See Cal. Code Civ. Proc. § 2030.010(a), 2030.210(a); see also Interrogatories: Responding to Interrogatories (CA). There are two potential formats for interrogatories in California, which may be used independently or in combination: • Form interrogatories. Form interrogatories have been approved by the Judicial Council for optional use in certain actions including personal injury, property damage, wrongful death, breach of contract, and employment law. They are available from the clerk and on the California Courts website. • Special interrogatories. Special interrogatories, as illustrated by this template, are drafted by counsel and are specific to the issues in a particular case. Additionally, with some limitations, a party may propound a supplemental interrogatory (i.e., ask the responding party to update its prior interrogatory responses). A supplemental interrogatory is prepared by counsel as well.See Cal. Ciode Civ. Proc. §§ 2030.030, 2030.040, 2030.070, 2033.710, 2033.740. Parties may propound an unlimited number of official form interrogatories, but no party may propound more than 35 special interrogatories to any other party, unless the propounding party serves a declaration under Cal. Code Civ. Proc. § 2030.050 establishing the need for additional discovery. See Cal. Code Civ. Proc. §§ 2030.030, 2030.040. A template declaration for additional discovery is included in this template for use if the number of special interrogatories served (when added to any sets of special interrogatories previously served) will exceed the 35-interrogatory limit. The declaration should be omitted if the numerical limit will not be exceeded. Judicial Council official form interrogatories cover a number of topics that are relevant to many civil actions. To reduce the need for drafting and serving special interrogatories, consider serving as many official form interrogatories as are appropriate to the case, reserving any special interrogatories for matters that are not adequately addressed by form interrogatories. In contrast to other jurisdictions, interrogatories in California may not include a preface with instructions and definitions, other than the official instructions included in the approved Judicial Council forms. Any definitions applicable to a specific interrogatory must be included within each individual interrogatory. See Cal. Code Civ. Proc. § 2030.060(d). Any term specially defined in a set of interrogatories must be typed in all capital letters wherever that term appears. Cal. Code Civ. Proc. § 2030.060(e). Each interrogatory in a set must be separately set forth and identified by number or letter. Cal. Code Civ. Proc. § 2030.060(c). Special interrogatories may not contain subparts, or compound, conjunctive, or disjunctive questions. Cal. Code Civ. Proc. § 2030.060(d). This template includes some examples of interrogatories that may be appropriate in many types of cases. Interrogatories specific to the facts and issues in the case should be added to this template as appropriate. For examples of specific interrogatory questions for use in various types of civil actions, see Bender's Forms of Discovery, Vols. 1–10 (Matthew Bender). The document should also comply with general format requirements for litigation documents. See Formatting Rules in Court Checklist (CA). Be prepared to provide the interrogatories in an electronic format to the responding party within three court days of a request by the responding party. Cal. Code Civ. Proc. § 2030.210(d)(1). The propounding party may also request that the responding party provide its responses in an electronic format. See Cal. Code Civ. Proc. § 2030.210(d)(2). The interrogatories or responses may be submitted in any electronic format and transmitted by any method agreed on by the parties. In the absence of such agreement, a party may submit the interrogatories or responses in plain text format and transmit them by email. See Cal. Code Civ. Proc. § 2030.210(d)(3), (4). In practice, parties commonly agree to exchange interrogatories and responses in a word processing format such as Word. For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). For more information on preparing and serving interrogatories, including timing and service requirements, see Interrogatories: Drafting and Serving Interrogatories (CA).