What are interrogatories and do I have to answer them in Georgia?

· 3 min read

Interrogatories are written questions one party sends to another during discovery, and the receiving party must answer them under oath. In Georgia, a party served with proper interrogatories generally is required to respond, subject to limited grounds for objection.

What interrogatories are

Interrogatories are a discovery tool governed by O.C.G.A. § 9-11-33. They consist of written questions that the opposing party must answer in writing and under oath, meaning the answers carry the weight of sworn testimony. In an injury case, interrogatories are often used to identify witnesses, ask how the incident occurred, request information about injuries and medical treatment, and learn about insurance coverage and prior claims. Because they are answered in writing rather than face to face, they are a relatively efficient way to gather basic information early in the case.

The answers can be used later in the case, including to challenge a witness whose trial testimony differs from the sworn responses.

The obligation to answer

A party who receives interrogatories that comply with the rules generally must answer each one separately and fully, in writing and under oath, within the time the rules allow. Georgia sets a response deadline of 30 days after service of the interrogatories, with a longer period for a defendant responding early in the case, who may answer within 45 days after service of the summons and complaint.

Improper questions need not be answered without recourse. A party may object to specific interrogatories instead of answering them, on grounds such as:

  • The information sought is privileged, like attorney-client communications.
  • The question seeks irrelevant matter outside the scope of discovery.
  • The interrogatory is unduly burdensome or improperly framed.

When an objection is made, the reason is stated in place of an answer, and the party asking can move the court to compel a response if it believes the objection is not justified.

Consequences of not responding

Ignoring valid interrogatories is risky. If a party fails to answer, the other side can move to compel under Georgia’s discovery enforcement rules, and the court can order answers and impose sanctions for noncompliance. Sanctions can range from awarding expenses to more serious consequences for persistent refusal. The practical takeaway is that interrogatories are not optional, and the proper response to a question a party believes is improper is a timely objection, not silence.

The bottom line

Interrogatories are sworn written questions exchanged in Georgia discovery under O.C.G.A. § 9-11-33, and a party served with proper ones generally must answer fully and under oath, typically within 30 days, or 45 days for a defendant responding early. A party may object to improper questions, but ignoring interrogatories can lead to a motion to compel and court-imposed sanctions.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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