Interrogatories are written questions one side sends to the other during a lawsuit, and the defendant must answer them under oath
In a premises liability case, interrogatories are formal written questions you (or your lawyer) send to the defendant—the property owner or manager you are suing. The defendant has a set number of days, usually 30, to answer each question in writing and under oath. These answers become part of the court record and can be used as evidence at trial. Interrogatories are one of several discovery tools available in civil lawsuits; they are cheaper and faster than depositions but less detailed than sitting down to question someone in person.
The purpose of interrogatories in a premises liability case is to pin down what the defendant knew about the dangerous condition, when they knew it, what they did about it, and what records they have. A slip-and-fall case, for example, might include interrogatories asking whether the defendant had received prior complaints about the floor, whether they had a cleaning schedule, whether they inspected the area that day, and whether they have video footage. The defendant cannot straightforward refuse to answer or give vague responses—the court can sanction them for failing to respond properly.
Key Takeaways
- Interrogatories are written questions sent to the defendant that must be answered in writing under oath within 30 days.
- In premises liability cases, interrogatories typically ask about the defendant's knowledge of the hazard, maintenance practices, prior complaints, and available evidence like video or incident reports.
- The defendant's answers become part of the court record and can be used to support your case at trial or to contradict their later testimony.
- A lawyer drafting interrogatories must follow court rules about the number of questions allowed and avoid asking for information that is overly broad or burdensome.
What Interrogatories Typically Ask in Premises Liability Cases
Interrogatories in a premises liability case focus on the defendant's state of mind and actions. Common questions include: Did you know about the hazardous condition before the incident? How long had the condition existed? What steps did you take to fix it? Do you have photographs, maintenance logs, or incident reports? Have other people been injured in the same location? What is your cleaning and inspection schedule? Do you have security cameras, and if so, do you still have the footage?
These questions are designed to establish whether the defendant knew or should have known about the danger and whether they were negligent in failing to address it. In a slip-and-fall case at a grocery store, for instance, interrogatories might ask how often the floor was mopped, whether there was a wet floor sign, whether the store had received complaints about spills in that aisle, and whether the defendant had a policy for responding to hazards. The answers help you build a timeline and show negligence or recklessness.
The defendant's lawyer will often object to interrogatories they believe are too broad, too burdensome, or seek information protected by attorney-client privilege. Common objections include "overly broad," "unduly burdensome," "seeks privileged information," or "assumes facts not in evidence." The court may then need to rule on whether the defendant must answer.
How Interrogatories Fit Into the Discovery Process
Discovery is the phase of a lawsuit where both sides exchange information before trial. Interrogatories are one tool; others include requests for documents, requests for admissions, and depositions. Interrogatories are usually sent early because they are inexpensive and can help you identify what documents to request next or what topics to cover in a deposition.
A typical sequence works like this: your lawyer sends interrogatories to the defendant; the defendant answers or objects within 30 days; your lawyer then sends a request for documents asking for the records the defendant mentioned in their answers; later, your lawyer may depose the defendant's representative to ask follow-up questions in person. Interrogatory answers can also be used at trial to impeach the defendant's testimony if they say something different under oath in court.
The number of interrogatories you can send is limited by court rules. In federal court, you are generally allowed 25 interrogatories unless the court orders otherwise. State courts vary, but many follow a similar cap. Your lawyer must decide which questions are most important and draft them carefully to stay within the limit.
Drafting Interrogatories: What Makes Them Effective
An effective interrogatory is specific, not vague. Instead of asking "What do you know about the condition?" ask "On what date did you first become aware of the wet floor in aisle 7, and how did you become aware of it?" Specificity makes it harder for the defendant to dodge the question and easier to use the answer later.
Interrogatories should also define key terms. If you ask about "maintenance," define whether you mean routine cleaning, repairs, inspections, or all three. If you ask about "prior incidents," specify the time period—the last year, the last five years, since the property opened. Clear definitions prevent the defendant from claiming they misunderstood the question.
A lawyer will also avoid asking for legal conclusions or opinions. You cannot ask "Do you believe you were negligent?" because that is a legal conclusion the defendant will refuse to answer. Instead, ask factual questions: "What steps did you take to inspect the area?" and "When was the area last inspected before the incident?" The legal conclusions come later, from the judge or jury.
How the Defendant Responds and What Happens If They Don't
The defendant has 30 days from the date they are served to respond. They can answer the interrogatory, object to it, or do both—answer some and object to others. An objection must state the reason, such as "overly broad" or "seeks privileged information." straightforward refusing to answer without stating a reason is improper and can result in sanctions.
If the defendant fails to respond at all or gives evasive answers, your lawyer can file a motion to compel, asking the court to order the defendant to answer. If the defendant still refuses after the court orders them to respond, the judge can impose sanctions, which may include striking the defendant's pleadings, entering a default judgment in your favor, or ordering the defendant to pay your attorney's fees for the motion.
The defendant's answers are signed under oath by either the defendant themselves or a representative with knowledge of the facts, such as a property manager. False answers can expose the defendant to perjury charges, which gives the answers weight. However, the defendant's lawyer will often craft answers narrowly or with qualifications to limit their usefulness to you.
Using Interrogatory Answers at Trial and in Settlement
Interrogatory answers are admissible as evidence at trial. If the defendant's answer to an interrogatory contradicts their testimony in court, you can use the written answer to impeach their credibility. For example, if the defendant answered "We had no prior complaints about that area" but then testifies at trial that they received three complaints, you can confront them with their interrogatory answer.
Interrogatory answers also help in settlement negotiations. If the defendant's answers show they knew about the hazard, had received complaints, and did nothing, that strengthens your negotiating position. Insurance adjusters and defense lawyers review these answers and often become more willing to settle when the facts are clearly against their client.
In some cases, interrogatory answers can be used to support a motion for summary judgment—a request to the court to rule in your favor without a trial because the facts are not in dispute. If the defendant's interrogatory answers establish that they knew about the danger and failed to warn or fix it, you may be able to show that negligence as a matter of law, leaving only damages to be decided.
Common Mistakes and How to Avoid Them
One common mistake is asking too many compound questions in one interrogatory. "Did you inspect the area, and if so, how often and what did you find?" is actually three questions. The defendant can answer only part of it or claim confusion. Each interrogatory should ask one thing.
Another mistake is asking for information you can get more easily through a document request. Interrogatories are best used for facts only the defendant knows—what they observed, what they decided, what they remember. If you want copies of maintenance logs or incident reports, ask for those documents directly.
A third mistake is failing to follow local court rules about formatting, numbering, and important date. Each court has specific requirements for how interrogatories must be served and answered. Your lawyer should know these rules; if you are representing yourself, check your local court's website for the civil procedure rules.
Frequently Asked Questions
Can the defendant refuse to answer an interrogatory?
The defendant can object to an interrogatory if it is overly broad, unduly burdensome, seeks privileged information, or violates another rule of civil procedure. However, they must state the reason for the objection in writing. A blanket refusal to answer without stating a reason is improper and can result in sanctions from the court.
What if the defendant's answers are evasive or incomplete?
If you believe the defendant has not answered fully or has tried to dodge the question, your lawyer can file a motion to compel, asking the court to order a complete answer. The court will review the interrogatory and the response and decide whether the defendant must provide more information. If the defendant still refuses after the court orders compliance, the judge can impose sanctions.
Can I use the defendant's interrogatory answers in my settlement demand?
Yes. Interrogatory answers are often powerful in settlement discussions because they show what the defendant knew and did. If the answers support your version of events, you can include them in a demand letter to the insurance company or defense counsel to show the strength of your case and encourage settlement.
How long does it take to get answers to interrogatories?
The defendant has 30 days from the date they are served to respond. In practice, responses often take longer if the defendant's lawyer requests an extension, which is common. Once you receive the answers, you may need time to review them and decide what follow-up discovery to pursue, so the full discovery process typically takes several months.
Can I send interrogatories to someone other than the defendant?
No. Interrogatories can only be sent to parties to the lawsuit. If you want information from a witness who is not a party—such as a customer who saw the hazard—you would use a deposition or subpoena instead. Your lawyer can also request that the defendant produce documents from third parties as part of a document request.