Is it Permissible to Request Documents Supporting a Response to Interrogatories?

Question from Bey, Is it Permissible to Request Documents Supporting a Response to Interrogatories?

Answer from AI:

Is It Permissible to Request Documents That Substantiate an Interrogatory Answer?

Yes. In U.S. civil litigation you may ask the opposing party to produce any documents that support or explain its answer to a special interrogatory, provided the request complies with the applicable discovery rules.

Governing Rules

• Federal Rule of Civil Procedure (FRCP) 34 – Allows a party to serve a request for the production of documents, electronically stored information, or tangible things that are “within the scope of discovery.”
• FRCP 33 – Governs interrogatories. The rule requires that answers be “as complete and straightforward as the information reasonably available to the responding party permits.” Supporting documents are often the best way to satisfy that requirement.
• State equivalents – Most states have adopted rules that mirror the federal standards. Check the local rules of the court where the case is pending.

Why the Request Is Generally Allowed

• Relevance – Documents that explain or back up an interrogatory answer are typically relevant to the issues in the case.
• Discovery scope – The FRCP defines the scope of discovery as any non‑privileged matter that is relevant to any party’s claim or defense and is proportional to the needs of the case. Supporting documents meet this test.
• Facilitates truth‑finding – The purpose of discovery is to prevent surprise and allow each side to evaluate the other’s evidence. Requiring production of the underlying documents furthers that goal.

How to Draft the Request

1. Identify the interrogatory – Reference the exact interrogatory number (e.g., “Special Interrogatory No. 1”).
2. Specify the type of documents – Use language such as “all documents, including emails, memos, reports, and any other written or electronic material, that substantiate or support your answer to Special Interrogatory No. 1.”
3. Limit the request if appropriate – If the interrogatory covers a broad period, you may add a reasonable date range to avoid overly burdensome requests.
4. Address privilege – Include a clause stating that the request is subject to the usual objections for privilege, work product, or other protected material, and that the responding party must produce a privilege log for any withheld documents.

Common Objections and How to Handle Them

• Overbreadth – The opposing party may claim the request is too broad. Narrow the request by date, subject matter, or document type if needed.
• Privilege – The party can withhold privileged documents but must provide a privilege log describing the nature of each withheld item.
• Undue burden – If the request would require excessive effort, the court may order a meet‑and‑confer to narrow the scope or set a reasonable production schedule.

Practical Tips

• Be precise – Vague requests invite objections. Clearly tie the documents to the specific interrogatory answer.
• Use “including but not limited to” – This language captures both listed and unlisted document types.
• Coordinate with interrogatory responses – If the answer references specific facts, ask for the documents that support each fact.

When to Seek Legal Advice

While the general principle that you may request supporting documents is well‑established, the exact wording, scope, and any objections can vary based on the jurisdiction, the court’s local rules, and the particular facts of your case. Consulting a licensed attorney who can tailor the request to your situation and address any protective orders or privilege issues is advisable.

For the full text of the federal discovery rules, see the Federal Rules of Civil Procedure, Rules 33 and 34.