Interrogatories preparation
Interrogatories are not available as of right in NSW — you must satisfy the court they are necessary. This checklist walks through the preparation steps.
This is a 12-step preparation checklist for interrogatories in NSW. It covers leave, drafting, objections, answers and verification.
The checklist
Confirm leave is required
Leave is required under the rules for interrogatories in NSW. Plan the motion accordingly.
Identify the forensic purpose
Be ready to demonstrate necessity — disposing of matters fairly and at minimum expense.
Draft targeted questions
Short, numbered, specific questions directed to material facts. Avoid omnibus questions.
Keep within the issues
Questions must relate to the matters in issue on the pleadings. Fishing is not permitted.
Prepare a notice of motion for leave
Draft the motion, supporting affidavit and a copy of the proposed interrogatories.
Set a realistic return date
Allow time for answers — ordinarily 28 days from service of the order.
Serve the order and questions
Serve the sealed order and the approved interrogatories on the other party.
Manage objections
Common objections are relevance, privilege and confidentiality. Address these before answering.
Prepare the answers on behalf of your client
Draft answers with the client, keeping to the question and nothing more.
Verify the answers
Answers must be verified by affidavit under the rules.
Serve the answers
Serve verified answers by the return date. Seek an extension early if needed.
Use answers at trial
Tender answers at trial as admissions where useful. Cross-check against witness evidence.
When this checklist applies
Use this checklist when interrogatories are the best tool — usually where a party's state of knowledge or internal decision is in issue.
Common pitfalls
- Drafting omnibus questions that are liable to be disallowed
- Failing to show necessity on the leave application
- Answering more than the question asks
- Missing the return date
- Not verifying the answers
Run this checklist on a real matter
Quillio drafts interrogatories, objections and verified answers in current NSW format. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for Federal Court and specialist list practice.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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