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Rule 33. Interrogatories to Parties

Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
V. Disclosure and Discovery
Effective: September 1, 2019
16 A.R.S. Rules of Civil Procedure, Rule 33
Formerly cited as AZ ST RCP Rule 33.1
Rule 33. Interrogatories to Parties
<For applicability of amending Order No. R-17-0010, effective July 1, 2018, see the Application Provisions note at the beginning of the Arizona Rules of Civil Procedure.>
(a) Generally.
(1) Definition. Interrogatories are written questions served by a party on another party.
(2) Number. A party may serve on any other party interrogatories, subject to the numeric limits in Rule 26.2(f) and the procedures in Rule 26.2(g) and (h) for obtaining permission to exceed those limits. Each subpart of an interrogatory counts as one interrogatory, except that a uniform interrogatory and its subparts count as one interrogatory.
(3) Scope. An interrogatory may ask about any matter allowed under Rule 26(b). An interrogatory is not improper merely because it asks for an opinion. An interrogatory may ask for a party's contention about facts or the application of law to facts, but the court may, on motion, order that such a contention interrogatory need not be answered until a later time.
(4) Uniform Interrogatories. Rule 84, Forms 4, 5, and 6, contain uniform interrogatories that a party may use under this rule. A party may use a uniform interrogatory when it is appropriate to the legal or factual issues of the particular action, regardless of how the action or claims are designated. A party propounding a uniform interrogatory may do so by serving a notice that identifies the uniform interrogatory by form and number. A party may limit the scope of a uniform interrogatory--such as by requesting a response only as to particular persons, events, or issues--without converting it into a nonuniform interrogatory.
(b) Answers and Objections.
(1) Time to Respond. Unless the parties agree or the court orders otherwise, the responding party must serve its answers and any objections within 30 days after being served with the interrogatories. Subject to compliance with Rule 26(f)(1) by the party serving discovery, a defendant may serve its answers and any objections within 60 days after service--or execution of a waiver of service--of the summons and complaint on that defendant.
(2) Answers Under Oath. Subject to Rule 33(b)(3), an answering party must answer each interrogatory separately and fully in writing under oath. In answering an interrogatory, a party--including a public or private entity--must furnish the information available to it. It must also reproduce the text of an interrogatory immediately above its answer to that interrogatory.
(3) Objections. The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure. If a party states an objection, it must still answer the interrogatory to the extent that it is not objectionable.
(4) Signature. The party who answers the interrogatories must sign them under oath. If the answering party is a public or private entity, an authorized representative with knowledge of the information contained in the answers, obtained after reasonable inquiry, must sign them under oath. An attorney who objects to any interrogatories must sign the objections.
(c) Use. An answer to an interrogatory may be used to the extent allowed by the Arizona Rules of Evidence.
(d) Option to Produce Business Records. If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party's business records (including electronically stored information), and if the burden of determining the answer will be substantially the same for either party, the responding party may answer by:
(1) specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could; and
(2) giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries.

Credits

Added Sept. 2, 2016, effective Jan. 1, 2017. Amended Aug. 31, 2017, effective July 1, 2018.
16 A. R. S. Rules Civ. Proc., Rule 33, AZ ST RCP Rule 33
Current with amendments received through 08/15/2020.
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