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Documents and Papers from a Court : Interrogatories

What is an interrogatory?
An interrogatory is a written question that the other party answers under oath. Ohio Rule of Procedure 33 allows one party to ask as many as 40 written questions of another party. The other party must answer or object to the questions in writing and swear that the answers are true. A party may ask the court’s permission to ask more than 40 questions of the other party.

How do I serve my questions to the other party?
You must serve written questions on the other party in both printed and electronic versions. You can serve only a printed copy if the court gives you permission not to serve an electronic copy. If you ask more than 40 written questions without the court's permission, the other party will only have to answer the first 40.

What do I do if the other party serves me with interrogatories?
Within 28 days, you must either answer the interrogatory questions in writing or object to them, unless the other party allows you to take more time. Each time you object to an interrogatory, you must state the reasons that you object to that question. When the number of interrogatories exceeds 40 – and the asking party hasn’t gotten the court’s permission to ask more than 40 – you are only required to answer (or object) to the first 40. The answers and objections must be signed by the person making them.

What happens if interrogatories are objected or ignored?
The party who asked the interrogatories can file a motion to compel that will ask the court to make you answer the interrogatories that were objected to or ignored. If you ignored the interrogatory or if you oppose the motion to compel without giving substantial justification, the court may sanction or punish you. These sanctions can be severe.

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This content was created by the Ohio State Bar Foundation's 2006 Fellows Class - Keys to the Courtroom Project.

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