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Rule 168. Interrogatories to Parties (1962)

TEXT

At any time after a party has made appearance in the cause, or time therefor has elapsed, any other party may serve upon such party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer or agent, who shall furnish such information as is available to the party. The interrogatories shall be answered separately and fully in writing under oath. The answers shall be signed by the person making them or by the attorney for the party, and the party upon whom the interrogatories have been served shall serve a copy of the answers on the party submitting the interrogatories within the time specified by the party serving the interrogatories which specified time shall not be less than 15 days after the service of the interrogatories, unless the court, on motion and notice and for good cause shown, enlarges or shortens the time. Whenever a party is represented by an attorney, service of interrogatories and answers to interrogatories shall be made on the attorney unless delivery to the party himself is ordered by the court. True copies of the interrogatories and of any answers shall be served on all other parties or their attorneys at the time that any interrogatories or answers are served, and a true copy of each shall be promptly filed in the clerk's office together with proof of service thereof under the provisions of Rules 21a and 21b. Within 10 days after service of interrogatories a party may serve written objections thereto together with a notice of hearing the objections at the earliest practicable time. Answers to interrogatories to which objection is made shall be deferred until the objections are determined and for such additional time as the court may direct.

Interrogatories may relate to any matters which can be inquired into under Rule 186a, but the answers, subject to any objections as to admissibility, may be used only against the party answering the interrogatories. Interrogatories may be served after a deposition has been taken, and a deposition may be sought after interrogatories have been answered, but the court, on motion of the deponent or the party interrogated, may make such protective order as justice may require. The number of interrogatories or of sets of interrogatories to be served is not limited except as justice requires to protect the party from annoyance, expense, embarrassment, or oppression. The provisions of Rule 186b are applicable for the protection of the party from whom answers to interrogatories are sought under this rule.

Source: Federal Rule 33 with changes.

April 12, 1962, eff. Sept. 1, 1962: This is a new rule.

AMENDMENTS

July 20, 1966, eff. Jan. 1, 1967

Oct. 3, 1972, eff. Feb. 1, 1973

July 11, 1977, eff. Jan. 1, 1978

June 10, 1980, eff. Jan. 1, 1981

Dec. 5, 1983, eff. April 1, 1984

July 15, 1987, eff. Jan. 1, 1988. Order to correct and clarify Dec. 16, 1987, eff. Jan. 1, 1988.

April 24, 1990, eff. Sept. 1, 1990

Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 197.1 et seq.