Rule 33.Interrogatories to parties

Part V: Depositions and Discovery · Last amended November 12, 1997 · Last verified July 28, 2026

In one sentenceRule 33 lets any party serve written interrogatories on another party, who must answer each one separately and under oath, or object with specific reasons, within 30 days, or 45 days for a defendant just served with the summons and complaint, subject to the court's power to shorten or extend that time.

Full Text of Rule 33

Text sizeJump to: (a) (b) (c) (d)

(a) Availability. 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 and complaint upon that party. Each interrogatory shall be restated as numbered and 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 and complaint 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(a) with respect to any objection to or other failure to answer an interrogatory. Interrogatory answers filed pursuant to Rules 3(h)(1)(I) and 5(d)(1) need not be answered under oath by a party if the answers are signed by the attorney making them. If a party elects to file answers signed by the attorney, sworn answers signed by a party shall be filed within 30 days of the date when the answers signed by the attorney are filed. All interrogatories as served shall contain a reasonable amount of blank space after the question to permit the insertion of the answer.

(b) Answers and objections.

(1) Each interrogatory shall be restated as numbered and shall be answered separately and fully in writing under oath, unless it is objected to, in which event the objecting party shall state the reasons for the objection and shall answer to the extent the interrogatory is not objectionable.

(2) The answers are to be signed by the person making them, and the objections signed by the attorney making them.

(3) 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 and complaint upon that defendant. The Court may allow a shorter or longer time.

(4) All grounds for an objection to an interrogatory shall be stated with specificity. Any ground not stated in a timely objection is waived unless the party’s failure to object is excused by the Court for good cause shown.

(5) The party submitting the interrogatories may move for an order under Rule 37(a) with respect to any objection to or other failure to answer an interrogatory.

(c) Scope; use at trial. Interrogatories may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the extent permitted by the rules of evidence. 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 pretrial conference or other later time.

(d) 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, including a compilation, abstract or summary thereof, 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. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained.

End

Amendment History

Amended, effective July 1, 1970; June 1, 1981; Jan. 1, 1991; Jan. 1, 1995; Nov. 12, 1997.

Plain-English Summary

Interrogatories can be served on the plaintiff without leave of court once the case begins, and on any other party with or after the summons and complaint. A corporation, partnership, association, or government agency answers through whatever officer or agent can furnish the information available to it. Rule 33(a) requires each interrogatory to be restated as numbered and answered separately and fully in writing under oath, unless the responding party objects and states its reasons instead; the answers are signed by the person answering, and any objections by the attorney making them. The response is due within 30 days of service, or 45 days for a defendant who was just served with the summons and complaint, though the court can shorten or lengthen that window. If a party's answers are initially signed only by the attorney under Rules 3(h)(1)(I) and 5(d)(1), sworn answers signed by the party have to follow within 30 days.

Rule 33(b) requires every ground for an objection to be stated with specificity, and any ground left out of a timely objection is waived unless the court excuses the omission for good cause. The party who served the interrogatories can move under Rule 37(a) over any objection or failure to answer. Rule 33(c) ties the scope of interrogatories to what Rule 26(b) allows discovery into, and makes clear that an interrogatory isn't objectionable just because answering it calls for an opinion or a contention about fact or about applying law to fact -- though the court can order such an interrogatory answered later, after more discovery or at a pretrial conference.

Rule 33(d) gives a responding party an alternative when the answer can be worked out from its business records and the burden of doing so falls about equally on both sides: instead of composing an answer, the party can point to the records and give the requesting party a reasonable chance to examine, audit, or copy them, specified in enough detail that the requesting party can find them as easily as the responding party could.

Frequently Asked Questions

How many days do I have to answer interrogatories in a Delaware case?

Rule 33(a) gives 30 days after service, or 45 days if you're a defendant who was just served with the summons and complaint. The court may allow a shorter or longer time.

Can I object to an interrogatory instead of answering it?

Yes, but Rule 33(b) requires you to state the reasons for the objection with specificity, and any ground you don't raise in a timely objection is waived unless the court excuses that for good cause.

Who has to sign my interrogatory answers?

Rule 33(a) requires the answers to be signed by the person making them -- meaning the party answering -- while any objections are signed by the attorney making them.

Can I point the other side to my business records instead of writing out an answer?

Yes, under Rule 33(d), if the answer can be derived from your business records and the burden of doing so is about the same for both sides, you can specify the records and give the requesting party a reasonable chance to examine, audit, or copy them.

Do interrogatories have to ask about facts, or can they ask for an opinion about the case?

Rule 33(c) states an interrogatory isn't objectionable merely because the answer involves an opinion or a contention about fact or about applying law to fact, though the court can order it answered only after further discovery or at a pretrial conference.

Source & verification. Rule text is reproduced verbatim from the Delaware Rules of Civil Procedure for the Superior Court, adopted by the Superior Court of the State of Delaware. Last verified July 28, 2026. · Official source

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