FRCP · Rule 33

FRCP Rule 33

Quick Answer

What is FRCP Rule 33?

Rule 33 governs interrogatories in federal civil litigation and outlines the procedures for their use, including limitations and responses.

Source: FRCP Rule 33

Official Text
A party may serve upon any other party written interrogatories, including the contents of any documents, to be answered by the party served. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the objecting party shall state the specific grounds for objection.
Plain Language

Rule 33 allows one party to ask another party written questions (interrogatories) that must be answered in writing and under oath. If the receiving party does not want to answer a question, they must explain why.

Purpose

The purpose of Rule 33 is to facilitate the discovery process by allowing parties to obtain information relevant to their case in a structured way. This aids in the fair resolution of disputes.

Key Provisions

Limit on number of interrogatories

Parties are limited to serving 25 interrogatories, including subparts, unless otherwise stipulated or ordered by the court.

Timeliness of responses

The responding party must answer or object to the interrogatories within 30 days after being served, with specific timelines for initial disclosures.

Use of sworn answers

Answers to interrogatories must be provided under oath, ensuring that responses are legally binding and truthful.

Practice Notes
  • Ensure that your interrogatories are clear and concise to avoid objections based on vagueness.
  • Keep track of the number of interrogatories used, including any subparts, to stay within the 25-question limit.
  • Be prepared to respond to objections and consider follow-up discovery methods if interrogatories are insufficient.
Landmark Cases

Harris v. City of New York

This case clarified the standards for responding to interrogatories and reinforced the need for careful adherence to the rules regarding objections and timely responses.

Exam Tip

Rule 33 is often tested in law school exams through hypothetical scenarios involving discovery disputes, so familiarize yourself with both the procedures and strategic considerations when drafting or responding to interrogatories.

Related Rules
  • frcp-rule-26
  • frcp-rule-34

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