60-233. Interrogatories to parties.
60-233
60-233. Interrogatories to parties.(a) Availability; procedures for use. Any party may serve upon anyother party written interrogatories to be answered by the party served or,if the party served is a public or private corporation or a partnership,association or governmental agency, by any officer or agent, who shallfurnish such information as is available to the party. Interrogatories,without leave of court, may be served upon the plaintiff after commencementofthe action and upon any other party with or after service of process uponthat party.
(b) Answers and objections. (1) Each interrogatory shall beanswered separately and fully inwriting under oath, unless it is objected to, in which event the objectingparty shall state the reasonsfor objection and shall answer tothe extent the interrogatory is not objectionable.
(2) The answers are to besigned by the person making the answers, and the objections signedby the attorneymaking the objections.
(3) The party upon whom the interrogatories have been served shallserve a copy of the answers, and objections if any, within30 days after the service of the interrogatories, except that a defendant mayserveanswers or objections within 45 days after service of processupon that defendant. The court may allow a shorter or longer time.
(4) All grounds for an objection to an interrogatory shall be stated withspecificity. Any ground not stated in a timely objection is waived unless theparty's failure to object is excused by the court for good cause shown.
(5) Theparty submitting the interrogatories may move for an order undersubsection (a) of K.S.A. 60-237, and amendments thereto, withrespect to any objection to or other failure to answer an interrogatory.
(c) Scope; use at trial. Interrogatories may relate to anymatterswhich can be inquired into under subsection (b) of K.S.A. 60-226, andamendments thereto, and theanswers may be used to the extent permitted by the rules of evidence.
An interrogatory otherwise proper is not necessarily objectionablemerely because an answer to the interrogatory involves an opinion orcontention that relates to fact or the application of law to fact, but thecourt may order that such an interrogatory need not be answered until afterdesignated discovery has been completed or until a pretrial conference orother later time.
(d) Option to produce business records. Where the answer toan interrogatory may be derived or ascertained from the business records,including electronically stored information, ofthe party upon whom the interrogatory has been served or from anexamination, audit or inspection of such business records, or from acompilation, abstract or summary based thereon, and the burden of derivingor ascertaining the answer is substantially the same for the party servingthe interrogatory as for the party served, it is a sufficient answer tosuch interrogatory to specify the records from which the answer may bederived or ascertained and to afford to the party serving the interrogatoryreasonable opportunity to examine, audit or inspect such records and tomake copies, compilations, abstracts or summaries. A specification shallbe in sufficient detail to permit the interrogating party to locate and toidentify, as readily as can the party served, the records from which the answermay be ascertained.
History: L. 1963, ch. 303, 60-233; amended by SupremeCourt order dated July 20, 1972;L. 1986, ch. 215, § 7;L. 1997, ch. 173, § 16;L. 2008, ch. 21, § 3; July 1.