Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 33 governs written interrogatories — questions one party serves on another that must be answered in writing under oath — capping them at 50 including subparts, with 30 days to respond (45 for a newly served defendant).
(1)Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 50 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(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.
(1)Responding Party. The interrogatories must be answered:
(A)by the party to whom they are directed;
(B)if that party is a public or private corporation, a partnership, an association, or a governmental agency, by any officer 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, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. A shorter or longer time may be stipulated to 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 who objects must sign any objections.
(c)Use. An answer to an interrogatory may be used to the extent allowed by the Montana Rules of Evidence.
(d)Option to Produce Business Records. 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, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could; and
(2)giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries.
Plain-English Summary
Interrogatories are written questions one party sends to another, and Rule 33 sets their rules. A party may serve no more than 50 interrogatories, counting all discrete subparts — double the 25 allowed in federal court — unless the parties stipulate or the court allows more.
An interrogatory may ask about anything within the scope of discovery (Rule 26(b)), and it is not objectionable merely because it seeks an opinion or a contention applying law to fact. Answers must be served within 30 days (a defendant gets 45 days after being served with the summons and complaint), answered separately and fully under oath, with any objections stated specifically or waived. Where an answer can be found in business records and the burden is equal for both sides, the responding party may simply point the asking party to those records under the option-to-produce-records provision.
Frequently Asked Questions
How many interrogatories can I serve in Montana?
No more than 50, including all discrete subparts, unless the parties stipulate otherwise or the court grants leave for more. That is twice the federal limit of 25.
How long do I have to answer interrogatories?
Within 30 days after service — except a defendant may answer within 45 days after being served with the summons and complaint. Answers are made in writing and under oath.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text