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Unless directed by the Court, interrogatories, objections, and answers will not be filed with the Court. Instead they will be maintained by counsel and made available to parties upon request. Interrogatories presented for filing without Court approval will be returned to the offering party. To facilitate responding, a courtesy copy of the interrogatories must be e-mailed concurrently pursuant to LR 5-9(b).
This rule does not preclude the use of interrogatories and answers as exhibits or evidence in support of a motion or at trial.
Each interrogatory must state in concise language the information requested. In no case may an interrogatory refer to a definition not contained within the interrogatory or the preamble. Only terms actually used in a set of interrogatories may be defined.
Broad general interrogatories, such as those that ask an opposing party to "state all facts on which a claim or defense is based" or to "apply law to facts," are not permitted.
| Practice Tip |
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The word "contention" has been eliminated to clarify that it is not prohibited per se to inquire what another party is contending, although overly broad general interrogatories are prohibited. See, e.g., Equal Emp’t Opportunity Comm'n v. U.S. Bakery, No. CV 03-64-HA, 2003 U.S. Dist. LEXIS 25529, 2003 WL 23538023, at *6-7 (D. Or. Nov. 20, 1993). |
Motions to compel must set forth only the pertinent interrogatory question, objection, and legal arguments.
The Court will deny any motion to compel that does not contain the certification requirements mandated by LR 7-1(a).
| Amendment History to LR 33 | |
|---|---|
| June 1, 2006 | |
| Generally | Cross-references added and updated. |
| LR 33.1(a) | The first sentence divided into two sentences. "Interrogatories shall be served..." added. |
| LR 33.1(b) | The words "for introduction" stricken. |
| LR 33.3 | Renumbered to LR 33.4. |
| LR 33.4 | Renumbered to LR 33.3 and text deleted. |
| LR 33.5 | The words "With Order Compelling Answers" added to the heading. |
| December 1, 2009 | |
| LR 33-1(a) | Removed the language that interrogatories shall be served pursuant to Fed. R. Civ. P. 5 and inserted text, "To facilitate responding, a courtesy copy of the interrogatories must be e-mailed concurrently...." The word "will" substituted for "shall." |
| LR 33.3 | Removed as a rule without a rule. Subsequent rules renumbered accordingly. |
| LR 33.5 | Removed as a rule without a rule. |
| March 1, 2014 | |
| LR 33-1(a) | In the caption, updated cross-reference from "LR 5-2" to LR "5-10." In the rule text, updated cross-reference from "LR 5-2(b)" to "LR 5-10(b)." |
| LR 33-1(d) | Changed "which" to "that" and"contention" to "claim or defense." |
| LR 33-1(d) Practice Tip | New Practice Tip. |
| March 1, 2016 | |
| LR 33-1(a) | In the caption, updated cross-reference from "LR 5-10" to "LR 5-11." In the rule text, updated cross-reference from "LR 5-10(b)" to "LR 5-11(b)." |
| LR 33-1 Practice Tip | Changed "EEOC v. United States Bakery" to "Equal Emp’t Opportunity Comm'n v. U.S. Bakery." |
| January 1. 2019 | |
| LR 33-1(a) | In the title, updated the cross-reference from "LR 5-11" to "LR 5-10." In the rule text, updated the cross-reference from "LR 5-11(b)" to "LR 5-10(b)." |
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January 21, 2020 |
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LR 33-1(a) |
After "See," updated reference from "LR 5-10" to "LR 5-9." After "pursuant to" updated reference from "LR 5-10(b)" to "LR 5-9(b)." |
LR 5 - Service and Filing of Pleadings and Papers
LR 6 - Computing Time After Service
LR 10 - Form of Pleadings and Other Documents
LR 11 - Signature Requirements
LR 15 - Amended and Supplemental Pleadings
LR 16 - Pretrial Conferences, Scheduling, and Case Management
LR 27 - Depositions: Before Action or Pending Appeal
LR 28 - Depositions in a Foreign Country
LR 29 - Stipulations About Discovery Procedure
LR 34 - Requests for Production
LR 36 - Requests for Admission
LR 40 - Scheduling Cases for Trial
LR 42 - Consolidation; Separate Trials
LR 48 - Jurors and Participation in the Verdict
LR 51 - Instructions to the Jury
LR 54 - Bill of Costs and Attorney Fees
LR 65 - Injunctions and Restraining Orders
LR 65.1 - Securities and Sureties
LR 72 - Magistrate Judges: Pretrial Order
LR 73 - Magistrate Judges: Trial by Consent
LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment
LR 79 - Records Kept by the Clerk
LR 81 - Habeas Corpus Petitions
LR 83 - Rules and Directives - By the District Court
LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices