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Circuit Court District Division Rules Table of Contents

RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- DISTRICT DIVISION

GENERAL RULES

Rule 1.10. Written interrogatories.

    
    A. Any party desiring to obtain answers to written interrogatories from an adverse party shall deliver a copy thereof, by mail or in hand, to the adverse party or counsel to be answered by the adverse party, or, if the adverse party is a public or private corporation or a partnership or an association, by any officer or agent, who shall furnish such information as is available to the adverse party. Interrogatories may be delivered at any time after service of the action. The interrogatories shall be answered separately and fully in writing, under oath, and signed by the person making such answers. The party, upon whom the interrogatories have been served, shall deliver the original and a copy of his answers, by mail or in hand, to the party or counsel submitting the interrogatories within thirty days, unless the parties agree otherwise, or unless the Court, on motion and notice for good cause shown, enlarges or shortens the time.  The parties may agree to transmit interrogatories electronically or by computer disk, enabling the answering party to provide answers directly after each separate question using the party's available word processing technology.

    B. If the party upon whom interrogatories have been served shall fail to answer said interrogatories within thirty days, unless written objection to the answering of said interrogatories is filed within that period, then the party submitting the interrogatories may inform the Court and the Court shall make such orders as justice requires including the entry of a conditional default.

    C. Repealed.

    D. A party may file more than one set of interrogatories to an adverse party, but the total number of interrogatories shall not exceed thirty, unless the Court otherwise orders for good cause shown after the proposed additional interrogatories have been filed. In determining what constitutes an interrogatory for the purpose of applying this limitation in number, it is intended that each question be counted separately, whether or not it is subsidiary or incidental to or dependent upon or included in another question, and however the questions may be grouped, combined or arranged.

    E. The adverse party shall have the same privileges in answering written interrogatories as the deponent in the taking of a deposition, and such interrogatories may be used at the trial to the same extent as depositions.

    F. Written interrogatories shall not be used in criminal cases except by leave of court for good cause shown.

    G. Any party propounding interrogatories shall provide the opponent with notice, substantially as set forth in the following form, of the obligation to answer said interrogatories within thirty days. The notice shall be at the top of the first page and printed in capital, typewritten letters or in ten-point, bold-face print.  The form of the notice in substance shall be as follows:

    
THESE INTERROGATORIES ARE PROPOUNDED IN ACCORDANCE WITH DISTRICT DIVISION RULE 1.10. YOU MUST ANSWER EACH QUESTION SEPARATELY AND FULLY IN WRITING AND UNDER OATH. YOU MUST RETURN THE ORIGINAL AND ONE COPY OF YOUR ANSWERS WITHIN THIRTY (30) DAYS OF THE DATE YOU RECEIVED THEM TO THE PARTY OR COUNSEL WHO SERVED THEM UPON YOU. IF YOU OBJECT TO ANY QUESTION, YOU MUST NOTE YOUR OBJECTION AND STATE THE REASON THEREFOR. IF YOU FAIL TO RETURN YOUR ANSWERS WITHIN THIRTY (30) DAYS, THE PARTY WHO SERVED THEM UPON YOU MAY INFORM THE COURT, AND THE COURT SHALL MAKE SUCH ORDERS AS JUSTICE REQUIRES, INCLUDING THE ENTRY OF A CONDITIONAL DEFAULT AGAINST YOU.

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Circuit Court District Division Rules Table of Contents