Verification of Responses

Verification of Responses

Verification of Responses

Rule 33(b)(3) requires interrogatory answers to be signed under oath by the person answering, while objections are signed by the attorney. Organizations verify through an officer or agent.

Unverified answers are treated as incomplete.

Alternative Names:

Verification, Sworn Verification

Why it Matters?

The verifying individual becomes a witness on the answers' basis, which is why organizations should select someone who can actually support them rather than whichever officer is available. Unverified answers are treated as no answers for purposes of a motion to compel, and serving them is a common oversight. Verification also creates a supplementation obligation attached to a specific person's attestation.

Frequently asked questions

Who verifies an organization's interrogatory answers?

Who verifies an organization's interrogatory answers?

An officer or agent, who becomes a witness on the answers' basis and should be someone who can actually support them.

What happens if answers are unverified?

What happens if answers are unverified?

They are treated as incomplete, which supports a motion to compel as though no answer had been served.