Massachusetts discovery deadlines: 45 days for interrogatories, and a final request that can end your case
Massachusetts procedure · Last verified August 17, 2026
Massachusetts gives longer than most systems to answer interrogatories and attaches a harsher consequence to ignoring them. The mechanism has no counterpart in the other systems this site covers.
The response periods
Interrogatories — Rule 33(a)(3): the party served "shall serve answers and objections, if any, within 45 days after the service of the interrogatories." The court may specify a shorter or longer time. Further answers after an order to answer further are due within 30 days of the order.
Document requests — Rule 34(b)(2)(A): a written response within 30 days after service — "except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant."
Requests for admission — Rule 36(a): the matter is admitted unless, within 30 days after service of the request or such other time as the court allows, the party serves an answer or objection.
So interrogatories get 45 days, documents 30 (or 45 for a defendant served at the outset), and admissions 30 — with the usual automatic-admission consequence.
Thirty interrogatories, counting everything
Rule 33(a)(2):
No party shall serve upon any other party as of right more than thirty interrogatories, including interrogatories subsidiary or incidental to, or dependent upon, other interrogatories, and however the same may be grouped or combined; but the interrogatories may be served in two or more sets, as long as the total number of interrogatories served does not exceed thirty.
That is stricter counting language than the federal "including all discrete subparts." Massachusetts sweeps in subsidiary, incidental and dependent questions "however the same may be grouped or combined," which leaves less room to argue a subpart isn't discrete.
The court may allow more on motion for good cause, or the interrogated party may agree under Rule 29. All interrogatories must be numbered consecutively.
Answers, and the format requirement
Rule 33(a)(3): each interrogatory must be "answered separately and fully in writing under the penalties of perjury," unless objected to, in which case the reasons are stated in lieu of the answer. And: "each answer or objection shall be preceded by the interrogatory to which it responds."
The answers are signed by the person making them; the objections by the person or attorney making them.
The final request for answers — the part that matters most
Rule 33(a)(3) offers the interrogating party a choice. It may move under Rule 37(a). Alternatively, for failure to serve timely answers or objections, it may serve a final request for answers, specifying the failure. And:
The final request for answers shall state that the interrogating party may apply for final judgment for relief or dismissal pursuant to paragraph 4 in the event that answers or objections are not timely received. The party upon whom the interrogatories have been served shall serve the answers or objections either within 30 days from the date of service of the final request or prior to the filing of an application for a final judgment for relief or dismissal, whichever is later.
Then Rule 33(a)(4):
In the event that answers or objections have not been received and after the expiration of 40 days from the date of service of the final request for answers, or such further time as the parties may agree upon in writing or the court may allow, the interrogating party may file a written application for entry of final judgment for relief or dismissal. The period … shall be deemed to include the three day period allowed pursuant to Rule 6(d).
The application must be accompanied by a copy of the final request and an affidavit stating the date and manner of service of the interrogatories; that the 45-day period has expired with no answers received; and the date and manner of service of the final request.
Two points worth holding onto.
This is a case-ending remedy obtained without a motion to compel or a prior court order. In federal practice, dismissal or default under Rule 37(b) requires an order that was disobeyed. Massachusetts allows the interrogating party to go straight to an application for final judgment.
But the responding party has two chances. Answers served within 30 days of the final request stop it — and, because the rule says "whichever is later," answers served at any point before the application is actually filed also stop it, even past the 30 days.
The arithmetic
| Step | Period |
|---|---|
| Interrogatories served | day 0 |
| Answers or objections due | 45 days — Rule 33(a)(3) |
| Final request for answers served | any time after the failure |
| Answers due after the final request | 30 days, or before the application is filed, whichever is later |
| Earliest application for final judgment | 40 days after service of the final request (inclusive of Rule 6(d)'s three days) |
Computing the periods
Rule 6(a): exclude the day of the act or event; include the last day unless it is a Saturday, Sunday or legal holiday. When the period is less than 7 days, intermediate Saturdays, Sundays and legal holidays are excluded.
Rule 6(b) is the two-track extension rule — enlargement on a request made before expiry, or after expiry on motion where the failure was the result of excusable neglect.
Rule 6(d) adds time after service by mail, and Rule 33(a)(4) expressly folds those three days into its 40-day figure rather than adding them on top.
Scope and sanctions
Rule 26(b) sets the scope of discovery. Rule 37 supplies the motion to compel and the sanctions ladder — including Rule 37(d)'s sanctions for a complete failure to serve answers, which exists alongside the Rule 33(a)(4) route rather than replacing it.
How Massachusetts compares
| Massachusetts | Federal | North Carolina | Ohio | |
|---|---|---|---|---|
| Interrogatory response | 45 days | 30 days | 30 days (45 for a defendant) | designated by requester, ≥ 28 days |
| Document response | 30 days (45 for a defendant) | 30 days | 30 days (45 for a defendant) | designated, ≥ 28 days |
| Interrogatory limit | 30, counting subsidiary/incidental/dependent | 25, incl. discrete subparts | 50 | 40 |
| Case-ending relief without a prior order | yes — Rule 33(a)(4) | no — needs a Rule 37(b) order | Rule 37(d) sanctions available | — |
| Answers must be preceded by the interrogatory | yes | no | no | yes, for admissions |
A short checklist
- Calendar 45 days for interrogatories — longer than you may expect, and easy to under-calendar if you assume 30.
- Count against 30, and count subsidiary and dependent questions.
- Reproduce each interrogatory above your answer, and sign under the penalties of perjury.
- If you receive a final request for answers, treat it as an emergency. It is the step before an application for final judgment or dismissal.
- Answers filed before the application is filed still work — the rule says "whichever is later."
- If you're the one seeking relief, the final-request route avoids a motion to compel entirely, but the affidavit requirements in Rule 33(a)(4) are specific.
Where these rules live
- Mass. R. Civ. P. 6 — Time
- Mass. R. Civ. P. 26 — General Provisions Governing Discovery
- Mass. R. Civ. P. 33 — Interrogatories to Parties
- Mass. R. Civ. P. 34 — Producing Documents and ESI
- Mass. R. Civ. P. 36 — Requests for Admission
- Mass. R. Civ. P. 37 — Failure to Make Discovery; Sanctions
The Massachusetts courts publish self-help material at mass.gov/courts. This page explains what the rules say. It isn't legal advice.