Soon after filing a Delaware personal injury lawsuit, you will receive interrogatories from the defense — and your attorney will serve interrogatories on the defendant. These written questions are a fundamental discovery tool that shapes the rest of the case.
The Detailed Answer
Interrogatories are governed by Delaware Superior Court Civil Rule 33 (and Court of Common Pleas Rule 33 in smaller cases).
Number and Scope
Each party may serve up to 25 interrogatories without court permission. Subparts count separately if they ask discrete information. Interrogatories must seek information relevant to the claims or defenses in the case under Rule 26(b).
Common Topics in Personal Injury Cases
Defense interrogatories typically ask about: how the incident occurred, your injuries and treatment, prior accidents and prior injuries, employment history and lost wages, all medical providers seen, social media accounts, and witnesses. Plaintiff interrogatories to defendants ask about insurance coverage, similar incidents, training and policies, and identifying witnesses.
Time to Respond
Under Rule 33, responses are typically due within 30 days of service. Extensions are common by agreement. Late or incomplete responses can result in motions to compel and sanctions under Rule 37.
Your Role
Your attorney drafts the answers based on information you provide. You must review carefully and verify under oath that the answers are true and complete. Inaccurate answers can be used against you at trial.
Objections
Your attorney can object to interrogatories that are overly broad, unduly burdensome, irrelevant, or that seek privileged information. Common objections include attorney-client privilege and work product protection.
Use at Trial
Interrogatory answers are admissions that can be read at trial. Inconsistent answers undermine credibility. Take interrogatory responses as seriously as deposition testimony.
What This Means for Your Case
Be thorough and accurate when reviewing draft interrogatory answers. Provide your attorney with all relevant information — prior injuries, prior claims, social media accounts — even if it seems negative. The defense will discover these issues, and surprises hurt cases. Related: discovery overview, depositions.
Related Questions
Q: Can I refuse to answer an interrogatory?
Only on legally proper grounds such as privilege or undue burden. Improper refusal can result in sanctions.
Q: What if I don’t know an answer?
Under Rule 33(b), you must answer as completely as possible after reasonable inquiry. “I don’t know” is acceptable when truthful.
Q: How long do interrogatory answers take to prepare?
Typically several hours of attorney time and 1-2 client review meetings, depending on case complexity.
When to Talk to a Delaware Personal Injury Lawyer
Quality interrogatory work sets the foundation for the rest of your case. Joseph M. Jachetti has experience handling Delaware discovery in auto accident, premises liability, and other personal injury cases. Free consultations: (302) 984-1000.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.