(See Fed. R. Civ. P. 33)
LR 33-1 Interrogatories - Generally
(a) Not Filed With the Court (See LR 5-9)
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).
(b) Use of Non-Filed Interrogatories
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.
(d) Prohibited Form of Interrogatories
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.
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).
LR 33-2 Answers to Interrogatories
- Answers and objections to interrogatories must set forth each question in full before each answer or objection. Each objection must be followed by a statement of reasons.
- When an objection is made to part of an interrogatory, the remainder of the interrogatory must be answered at the time the objection is made, or within the period of any extension of time to answer, whichever is later.
LR 33-3 Motions to Compel (See Fed. R. Civ. P. 33(b) and LR 37)
Motions to compel must set forth only the pertinent interrogatory question, objection, and legal arguments.
(b) Certification Requirements
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)."|
January 21, 2020
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)."