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Rule 197.3. Use (Aug. 1998)


Answers to interrogatories may be used only against the responding party.

Aug. 4, 1998, eff. Jan. 1, 1999.


Prior Amendments Future Amendments
  Nov. 9, 1998, eff. Jan. 1, 1999

Notes and Comments

Comments to 1999 change:

1. Interrogatories about specific legal or factual assertions - such as, whether a party claims a breach of implied warranty, or when a party contends that limitations began to run - are proper, but interrogatories that ask a party to state all legal and factual assertions are improper. As with requests for disclosure, interrogatories may be used to ascertain basic legal and factual and defenses but may not be used to force a party to marshal evidence.

2. Rule 191's requirement that a party's attorney sigh all discovery responses and objections applies to interrogatory responses and objections. In addition, the responding party must sign some interrogatory answers under oath, as specified by the rule. Answers in amended and supplemental responses must be signed by the party under oath only if the original answers were required to be signed under oath.