Discovery
Written Discovery
Contention interrogatories require a party to identify the facts supporting a contention, the witnesses with knowledge, and the documents relied upon. Courts may defer responses until discovery is substantially complete.
They are expressly permitted by Rule 33(a)(2).
Alternative Names:
Contention Interrogatories, Basis Interrogatory
Why it Matters?
Timing is the recurring dispute, since a party served with contention interrogatories early can legitimately respond that discovery is ongoing, while the same interrogatory near the close of discovery must be answered substantively. Serving them late is therefore more effective, and the answers narrow the case by committing the responding party to a factual basis that limits later theories. They also set up summary judgment.
Frequently Confused with
Related terms
Frequently asked questions
When should contention interrogatories be served?
What do they accomplish?
