KENTUCKY RULES OF CIVIL PROCEDURE
RULE 33 INTERROGATORIES TO PARTIES

CR 33.01 AVAILABILITY; PROCEDURES FOR USE

     (1) Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons upon that party.

     (2) Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons upon that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under Rule 37.01 with respect to any objection to or other failure to answer an interrogatory.

     (3) Each party may propound a maximum of thirty (30) interrogatories and thirty (30) requests for admission to each other party; for purposes of this Rule, each subpart of an interrogatory or request shall be counted as a separate interrogatory or request. The following shall not be included in the maximum allowed: interrogatories requesting (a) the name and address of the person answering; (b) the names and addresses of the witnesses; and (c) whether the person answering is willing to supplement his answers if information subsequently becomes available. Any party may move the court for permission to propound either interrogatories or requests for admission in excess of the limit of thirty (30).

[Amended by Order 83-4, eff. 1-1-84; prior amendment eff. 10-1-71; adopted eff. 7-1-53]

CR 33.02 SCOPE; USE AT TRIAL

     (1) Interrogatories may relate to any matters which may be inquired into under Rule 26.02, and the answers may be used to the extent permitted by the rules of evidence.

     (2) An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pre-trial conference or other later time.

[Amended eff. 10-1-71; adopted eff. 7-1-53]

CR 33.03 OPTION TO PRODUCE BUSINESS RECORDS

     Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, or from a compilation, abstract or summary based thereon, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries.

[Adopted eff. 10-1-71]

 


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