The Role of Interrogatories in New Jersey Civil Litigation
- Peter Lamont, Esq.
- Sep 24
- 6 min read
The Role of Interrogatories in New Jersey Civil Litigation
In civil litigation, discovery is the stage where parties exchange information that will be used to prepare the case for trial. One of the most significant discovery devices in New Jersey is the interrogatory. Interrogatories are written questions that one party serves upon another, requiring sworn written responses. They are governed by Rule 4:17 of the New Jersey Court Rules. While they appear simple, interrogatories are critical to the development of a case and often shape its outcome.
When a party answers interrogatories, those responses are provided under oath. They are not informal statements, and they are not easily altered once submitted. If a party later gives testimony at a deposition or at trial that conflicts with an interrogatory answer, the opposing attorney will use that inconsistency to challenge credibility. Courts and juries take sworn discovery responses seriously, and contradictions can damage a case in ways that cannot be repaired.
In New Jersey, interrogatories fall into two general categories. The first are form interrogatories. These are standardized sets of questions established by the Court Rules for particular types of cases, such as automobile negligence actions and personal injury claims. They are uniform, and every plaintiff or defendant in those cases is required to answer them unless the parties agree otherwise or the court limits their use. They focus on issues such as the extent of injuries, prior medical history, lost wages, and liability facts. Because they are standardized, they provide consistency across cases and allow attorneys to obtain basic information quickly.
The second category consists of non-form interrogatories. These are not limited to standardized questions and are drafted by attorneys to address the specific facts of the case. They are common in commercial disputes, breach of contract matters, shareholder litigation, and other business cases where form interrogatories are not applicable. In those cases, the scope of interrogatories is broader, and counsel often uses them to request details concerning contracts, communications, financial records, business practices, or internal operations. There is no uniform set of form questions for these cases, so each attorney must draft interrogatories strategically to develop the factual record.
The difference between these two categories is significant. In a personal injury case, an attorney knows that the opposing party will have to provide information about the accident, the injuries, and the treatment. The questions are largely predictable. In a commercial dispute, however, the interrogatories must be carefully crafted to uncover the facts that are unique to the transaction or contract at issue. A poorly drafted interrogatory in a business case can miss an opportunity to lock in the other side’s position or to identify the witnesses and documents that will be critical at trial.
Another critical feature of interrogatories is the requirement that they be certified by the client, not just by the attorney. The party must sign under oath that the answers are truthful and complete. That certification carries weight. It prevents parties from later disavowing their responses by claiming they never saw them. I make it a practice in my office to go through every interrogatory answer with my clients carefully, so they understand the consequences of their certification and the importance of precision.
Failure to answer interrogatories or providing incomplete responses can lead to motions to compel, orders requiring compliance, and even the striking of pleadings. In commercial cases, I have seen courts prevent a party from introducing evidence at trial because it was not disclosed in response to interrogatories. The discovery rules are designed to promote fairness, and courts will enforce them.
Interrogatories may appear routine, but they are anything but routine in their effect. In personal injury cases, they establish a foundation of facts that every party must address. In commercial disputes, they are one of the most powerful tools an attorney has to define the issues and lock in the opposing party’s story. In both contexts, they are binding, strategic, and often decisive. Clients who treat them casually take unnecessary risks. The most effective litigants understand that interrogatories are not paperwork. They are sworn testimony that can decide the case long before trial.
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About Peter J. Lamont, Esq.
Peter J. Lamont is a nationally recognized attorney with significant experience in business, contract, litigation, and real estate law. With over two decades of legal practice, he has represented a wide array of businesses, including large international corporations. Peter is known for his practical legal and business advice, prioritizing efficient and cost-effective solutions for his clients.
Peter has an Avvo 10.0 Rating and has been acknowledged as one of America's Most Honored Lawyers since 2011. 201 Magazine and Lawyers of Distinction have also recognized him for being one of the top business and litigation attorneys in New Jersey. His commitment to his clients and the legal community is further evidenced by his active role as a speaker, lecturer, and published author in various legal and business publications.
As the founder of the Law Offices of Peter J. Lamont, Peter brings his Wall Street experience and client-focused approach to New Jersey, offering personalized legal services that align with each client's unique needs and goals.
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