Rule 33. Interrogatories to Parties

(a) Availability; Answers; Objections. Any

party may serve upon any adverse party written interrogatories to be answered by

the party served or, if the party served is a public or private corporation or a

partnership or association, by any officer or agent, who shall furnish such

information as is available to the party. Interrogatories may be served after

commencement of the action or after the filing of a responsive pleading by the party

to whom the interrogatories are directed and without leave of court, except that, if

service is made by the plaintiff within sixty (60) days after service upon the

defendant, leave of court granted with or without notice must first be obtained. The

interrogatories shall be answered separately and fully in writing under oath. The

answers shall be signed by the person making them; and the party upon whom the

interrogatories have been served shall serve a copy of the answers on the parties

submitting the interrogatories within forty (40) days after the service of the

interrogatories, unless the court on motion and notice and for good cause shown,

enlarges or shortens the time. With his or her answers a party may serve specific

written objections to particular interrogatories, stating the grounds on which the

objections are based. Failure to serve such objections shall constitute a waiver

thereof. Answers to interrogatories to which objection is made may be deferred until

an order to answer is entered in accordance with Rule 37(a) upon motion of the

interrogating party. Such objections or motion made without substantial justification

shall be subject to the sanctions set forth in Rule 37(a).

the

objections are based. Failure to serve such objections shall constitute a waiver

thereof. Answers to interrogatories to which objection is made may be deferred until

an order to answer is entered in accordance with Rule 37(a) upon motion of the

interrogating party. Such objections or motion made without substantial justification

shall be subject to the sanctions set forth in Rule 37(a).

(b) Scope; Limitations. Interrogatories may relate to any matters which can be

inquired into under Rule 26(b), and the answers may be used to the extent permitted

by the Rhode Island Rules of Evidence. Interrogatories may be served after a

deposition has been taken, and a deposition may be sought after interrogatories have

been answered, but the court on motion of the deponent or the party interrogated,

may make such protective order as justice may require. A party shall not serve more

than one (1) set of interrogatories upon an adverse party nor shall the number of

interrogatories exceed thirty (30) unless the court otherwise orders for good cause

shown. The provisions of Rule 30(b) are applicable for the protection of the party

from whom answers to interrogatories are sought under this rule.

An interrogatory is not objectionable merely because it calls for an answer which

involves an opinion or contention that relates to fact, or to the application of law to

fact, but the court may order that such an interrogatory need not be answered until

after other designated discovery has been completed or at some other later time.

(c) Continuing Duty to Answer. If the party furnishing answers to

interrogatories shall subsequently obtain information which renders such answers

incomplete or incorrect, amended answers shall be served within a reasonable time

thereafter but not later than thirty (30) days prior to the day fixed for trial. Thereafter

amendments may be allowed only on motion and upon such terms as the court may

direct.

ng Duty to Answer. If the party furnishing answers to

interrogatories shall subsequently obtain information which renders such answers

incomplete or incorrect, amended answers shall be served within a reasonable time

thereafter but not later than thirty (30) days prior to the day fixed for trial. Thereafter

amendments may be allowed only on motion and upon such terms as the court may

direct.

(d) Option to Produce Business Records. If the answer to an interrogatory may

be derived or ascertained from the business records of the party upon whom the

interrogatory has been served or from an examination, audit or inspection of such

business records, including a compilation, abstract or summary thereof, and the

burden of deriving or ascertaining the answer is substantially the same for the party

serving the interrogatory as for the party served, it is a sufficient answer to such

interrogatory to specify the records from which the answer may be derived or

ascertained and to afford to the party serving the interrogatory reasonable

opportunity to examine, audit or inspect such records and to make copies,

compilations, abstracts or summaries. A specification shall be in sufficient detail to

permit the interrogating party to locate and identify, as readily as can the party

served, the records from which the answer may be ascertained.

34. Production of Documents and Things and Entry Upon Land for

Inspection for Other Purposes. — (a) Scope. Subject to the provisions of Rule

30(b), any party may serve on any other party a request:

. A specification shall be in sufficient detail to

permit the interrogating party to locate and identify, as readily as can the party

served, the records from which the answer may be ascertained.

34. Production of Documents and Things and Entry Upon Land for

Inspection for Other Purposes. — (a) Scope. Subject to the provisions of Rule

30(b), any party may serve on any other party a request:

(1) To produce and permit the requesting party, or someone acting on the

requesting party's behalf, to inspect, copy, test, or sample the following items in the

responding party's possess ion, custody, or control:

(A) Any designated documents or electronically stored information (including

writings, drawings, graphs, charts, photographs, audio recordings, images, and other

data or data compilations) stored in any medium from which information can be

obtained either directly or, if necessary, after translation, by the responding party

into a reasonably usable form; or

(B) Any designated tangible things which constitute or contain matters within the

scope of Rule 26(b) and which are in the possession, custody or control of the party

upon whom the request is served.

(2) To permit entry upon designated land or other property possessed or

controlled by the responding party, so that the requesting party may inspect,

measure, survey, photograph, test, or sample the property or any designated object

or operation thereon, within the scope of Rule 26(b).

ule 26(b) and which are in the possession, custody or control of the party

upon whom the request is served.

(2) To permit entry upon designated land or other property possessed or

controlled by the responding party, so that the requesting party may inspect,

measure, survey, photograph, test, or sample the property or any designated object

or operation thereon, within the scope of Rule 26(b).

(b) Procedure. The request may, without leave of court, be served upon the

plaintiff after commencement of the action and upon any other party with or after

service of the summons, complaint, Language Assistance Notice, and all other

required documents upon that party. The request shall set forth the items to be

inspected either by individual item or by category, and describe each item and

category with reasonable particularity. The request shall specify a reasonable time,

place, and manner of making the inspection and performing the related acts.

The party upon whom the request is served shall be obligated to comply therewith

unless within thirty (30) days after service thereof, or within such shorter or longer

time as the court may allow, the party serves upon the requesting party an objection

to the request, specifying the portion of the request objected to and the grounds of

objection. Portions of the request not objected to shall be complied with. The party

submitting the request may move for an order under Rule 37(a) with respect to any

objection to the request or other failure to permit inspection as requested.

A party who produces documents for inspection shall produce them as they are

kept in the usual course of business or shall organize and label them to correspond

with the categories in the request.

(c) Persons Not Parties. A person not a party to the action may be compelled to

produce documents and things or to submit to an inspection as provided in Rule 45.