Sample Interrogatories to Defendant in Accident Case

ABOUT THIS FORM: Interrogatories to Defendant

Md. Rule 2-421 allows parties in a civil case to serve a total of 30 Interrogatories on another party in the case. Interrogatories are basically questions regarding facts or allegations at issue in the case. Once served the receiving party must reply with written answers to each interrogatory. The interrogatory answers can be used to narrow down the issues in the case and prevent parties from changing their story later on.


IN THE CIRCUIT COURT OF MARYLAND
FOR ANNE ARUNDEL COUNTY

JOHN DOE, Plaintiff

v.

JANICE TORTFEASOR, Defendant

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PLAINTIFF’S INTERROGATORIES TO DEFENDANT

TO:          JANICE TORTFEASOR, Defendant

FROM:     JOHN DOE, Plaintiff

Pursuant to Md. Rule 2-421 you are requested to answer the following Interrogatories.

Instructions

    a.    These Interrogatories are continuing in character so as to require you to file supplementary answers if you obtain further or different information before trial.

    b.    Where knowledge or information in possession of a party is requested, such request includes knowledge of the party’s agents, representatives, and unless privileged, his attorneys, including that learned through hearsay or that which you believe to be true.  Where knowledge or information of a corporation, association, joint venture, partnership, or other firm or legal entity is requested, this includes knowledge of any of the entity’s agents, servants or employees.  When answer is made by a corporate plaintiff, state the name address and title of the person supplying the information and making the affidavit, and the source of his information.

    c.    No part of an interrogatory should be left unanswered merely because an objection is interposed to another part of an interrogatory.  Where a claim of privilege is asserted in objecting to any interrogatory or part thereof and information is not provided on the basis of such assertion:

          1.    Identify with specificity the nature of the privilege (including work product) which is being claimed;

          2.    The following information shall be provided in the objection, unless divulgence of such inform­ation would cause disclosure of the allegedly privileged information:

(i)        For oral communications:

                a)    the name of the person making the communication and the names of persons present while the communication was made, where not apparent the relationship of the persons present to the person making communication;

                b)  the date and place of the communication; and

                c)  the general subject matter of the communication.

(ii)       For documents:

                a)  the type of document;

                b)  general subject matter of the document;

                c)  the date of the document; and

                d)  such other information as is sufficient to identify the document for a subpoena duces tecum, including, where appropriate, the author, addressee, and any other recipient of the document, and where not apparent, the relationship of the author, addressee, and any other recipient to each other.

    d.    If you cannot answer an interrogatory after conducting a reasonable investigation, you should so state and answer the interrogatory with the information available, setting forth what information you cannot provide and stating what efforts you made to obtain the additional information.

    e.    Unless otherwise indicated, these interrogatories refer to the time, place, and circumstances of the occurrence mentioned or complained of in the pleadings.

Definitions           

    As used in these Interrogatories, the following words shall have the following meanings:

    a.    “Person” means any natural person or any corporation, association, joint venture, partnership, or other formal legal entity.  To “identify” a natural person means to state the full name, present or last known home address, present or last known business address, and present or last known home and business telephone numbers, if known.  To “identify” a corporation, association, joint venture, partnership, or other formal legal entity means to state the name, address, and nature of the legal entity. 

    b.    To “identify” a document means to state with respect thereto:

               1.  The name of the person who prepared it;

               2.  The name of the person who signed it or over whose name it was issued;

               3.  The name of each person to whom it was addressed and/or distributed;

               4.  The nature and substance of the document with sufficient particularity to enable it to be described in a request for production of documents under the Maryland Rules;

               5.  Its date (day, month and year), and if it bears no date, the date (day, month and year) when it was prepared;

               6.  The physical location of it and the name of its custodian or custodians.

 

    c.    “Document” means any writing, report, drawing, graph, chart, photograph, recording, and other data compilations from which information can be obtained, translated, if necessary, through detection devices into reasonably useable form.

    d.    The pronoun “you” refers to the party to whom these Interrogatories are addressed, and the persons mentioned in clause (b) of the Instructions to these Interrogatories.

Interrogatories

    1.    State your full name, address, date of birth, social security number, present occupation, present employer’s name and address, and your current marital status, including spouse’s name.  (If these Interrogatories are answered with the aid of an interpreter, also identify the interpreter).

    2.    Identify all of your employers for each of the three (5) years preceding the occurrence in question, and for each year thereafter up to the present time, the nature of such employment, and the reason for termination of any employment during this period.

    3.    Identify the eyewitnesses to all or part of the occurrence and state the location of said eyewitnesses at the time of the occurrence.

    4.    Identify all persons at or near the scene of the occurrence or who arrived at the scene of the occurrence within one (1) hour.

    5.    Identify those persons who have given you signed or recorded statements concerning the occurrence, or the claimed injuries, and attach a copy of any signed statement or transcription of recorded statement in your control.

    6.    Do you know of any statement, conversation, comment, report, admission, admission of liability, admission against interest, or any res gestae statement made by this Defendant, or any party, at the time of the occurrence, or following the occurrence regarding facts relevant to any issue in this case.  If your Answer is “yes,” state the content of said statement, conversation, comment or report, the place where it took place, the name, address and telephone number of the person to whom each statement was made, and in whose presence it was made.

    7.    Have you in your possession or have you any knowledge of any object relating to the occurrence or to the injuries claimed to result therefrom, or any photograph, picture, motion picture, video tape, drawing, diagram, plat or other graphic or pictorial representation of the location of the occurrence, of the happening of the occurrence, of any objects related to the occurrence, or relating to the injuries claimed to result therefrom?  If your answer is “yes,” list each such item describing its subject matter, date or dates upon which taken or prepared, by whom taken or prepared, and name the person who now has custody or possession thereof.

    8.    Give a concise statement of the facts as to how you contend that the occurrence took place, including the identity of all persons with personal knowledge of said facts.

    9.    If you contend that any defendant acted in such a manner as to cause or contribute to the occurrence, give a concise statement of facts upon which you rely, including the identity of all persons with personal knowledge of said facts.

    10.   If you contend that you suffered any financial hardships as a result of any injury you claim from the accident, state all details regarding the financial hardships.

    11.   State with precision the nature and location of the bodily injury suffered by you.

    12.   If you have any present complaints on account of the injuries received in the occurrence, state in detail the nature of such present complaints, and specify which of your injuries you contend are permanent.

    13.   State the amount reported as earned income in your income tax returns for each of the three (3) years preceding the occurrence, and for each year thereafter up to the present time, and the District in which the returns were filed.

    14.  Identify all physicians, hospitals, or other health care providers who have examined, treated, diagnosed you, or engaged in any consultation with any other physician concerning you in connection with your injuries or complaints herein.  As to each physician, hospital or other health care provider referred to in this Answer, describe in detail the examination, consultation, treatment, diagnosis or prognosis, including the dates thereof, and any and all opinions which that health care provider may have regarding any issue in this case.

    15.  Have any medical opinions, recommendations, advice, and/or instructions (not in writing) been made or communicated to you by any physician, hospital or other health care providers referred to above concerning any such injury or complaint?  If your answer is “yes,” state the time, source and substance of each such opinion, recommendation, advice and instruction.

    16.  If you contend that a previous injury or condition was aggravated by the occurrence, describe such condition, give the names and addresses of the physicians, hospitals or other health care providers who treated you therefore, and the approximate dates of such treatment.

    17.  Identify all physicians, hospitals or other (physical or mental) health care providers who have examined or treated you during the five (5) years prior to the occurrence, up to and including the present time, including, but not limited to, any family doctor, general practitioner or clinic, and the approximate dates and nature of such treatments, excluding examinations and treatments connected with the occurrence.

    18.   Please itemize by date and hours the exact time you contend was missed from full and part time employment because of the occurrence and include your employer’s identity, your duties and wages, and specify the date immediately after the occurrence when you first returned to such employment.

    19.   If you contend that you had to cancel attendance at any event or social gathering as a result of injuries you contend from the accident, state in details all facts to support your contention.

    20.   State specifically whether you received any injuries in any accident or incident previous or subsequent to the date of this occurrence including, but not limited to, motor vehicle accidents, work-related injuries, sport related injuries, or injuries resulting from unknown causes.  If so, state the details, including dates, places of occurrence, nature of the injuries sustained, names and addresses of the parties involved, and the names and addresses of your attending physicians, hospitals or other health care providers.

    21.   As to each accident or occurrence set forth in your previous Answer, state whether any claims were made by you on your behalf.  If so, state the details of the claim, including the names and addresses of the person or entity against whom the claims were made, the party’s insurer, the approximate date that the claims were made, the claim name or number, if known, the identify of any litigation resulting therefrom, and the outcome of the claim.

   22.   Identify any and all persons whom you expect to call as an expert witness at the trial of this case.  As to each expert named herein, state the subject matter on which the expert is expected to testify, the substance of the findings and opinions to which the expert is expected to testify, a summary of the grounds for each opinion, and attach hereto copies of all reports received from each expert witness.

 

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