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Federal Rules of Civil Procedure (FRCP) QUESTION #5664
Question 1
A plaintiff sues a defendant for negligence. During discovery, the plaintiff serves 30 interrogatories on the defendant without seeking leave of court. The defendant answers the first 25 and objects to the remaining 5 solely on the basis of the number. Is the defendant's objection valid?
  • No, because the limit is 35 interrogatories under the Federal Rules.
  • Yes, because Rule 33(a)(1) limits a party to 25 written interrogatories, including discrete subparts, unless otherwise stipulated or ordered.✔️
  • No, because the defendant waived the objection by answering the first 25.
  • Yes, but only if the defendant can show the extra 5 questions are unduly burdensome.
Correct Answer Explanation
Rule 33(a)(1) explicitly limits the number of interrogatories to 25, including all discrete subparts, unless the parties stipulate or the court grants leave for more.