Rule 33 Interrogatories to Parties

(a) In General.

(1) Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(1) and (2).

(2) Scope. An interrogatory may relate to any matter that may be inquired into under Rule 26(b). An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the court may order that the interrogatory need not be answered until designated discovery is complete, or until a pretrial conference or some other time.

(3) Form. Unless interrogatories are served in electronic form, they shall be prepared so that sufficient space is provided for insertion of answers after each interrogatory or subpart thereof. The answering party shall insert answers following each question and return the properly signed original to counsel or the self-represented party that propounded such interrogatories, and must also serve copies upon all other parties. If the interrogatories are served in paper form and insufficient space exists on the original for insertion of answers, the answering party shall retype the questions and provide answers so as to ensure that each answer follows the question or subpart being responded to.

(b) Answers and Objections.

(1) Responding Party. The interrogatories must be answered:

(A) by the party to whom they are directed; or

(B) if that party is the Government of the Virgin Islands, a public corporation, an autonomous or semi-autonomous agency or board, a private corporation, a partnership, an association or other entity, by any officer, employee or agent, who must furnish the information available to the party.

(2) Time to Respond. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories. A shorter or longer time may be agreed by the parties under Rule 29 or be ordered by the court.

(3) Answering Each Interrogatory. Each interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath.

(4) 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.

(5) Signature. The person who makes the answers must sign them, and the attorney or self-represented party who objects must sign any objections.

(c) Use. An answer to an interrogatory may be used to the extent allowed by the Virgin Islands Rules of Evidence.

(d) Duty of Reasonable Diligence; Option to Produce Business Records. An answer must be given to each interrogatory as provided in subpart (b) of this Rule unless the responding party represents in good faith in its response that it cannot — in the exercise of reasonable efforts — prepare an answer from information in its possession or reasonably available to the party. In that instance, and 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 deriving or ascertaining the answer will be substantially the same for either party — the responding party may answer by:

(1) specifying the records that must be reviewed, providing sufficient detail and explanation to enable the interrogating party to identify and understand the records as readily as the responding party could; and

(2) producing copies of the records, compilations, abstracts, or summaries with the answer to the interrogatory, unless duplicating such materials would be unduly burdensome.