Section 4006. Answers to Written Interrogatories by a Party

(a)(1) Answers to interrogatories shall be in writing and verified. The answers shall be inserted in the spaces provided in the interrogatories. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet.

(2) Each interrogatory shall be answered fully and completely unless objected to, in which event the reasons for the objection shall be stated in lieu of an answer. The answers shall be signed by the person making them, and the objections shall be signed by the attorney making them. The statement of an objection shall not excuse the answering party from answering all remaining interrogatories to which no objection is stated. The answering party shall serve a copy of the answers, and objections if any, within thirty days after the service of the interrogatories. The party submitting the interrogatories may move the court to dismiss an objection and direct that the interrogatory be answered.

Official Note

Rule 440 requires the answering party to serve a copy of the answers upon every party to the action.

(3) [Rescinded].

Official Note

See Rule 4003.1 for the general scope of discovery.

(b) Where the answer to an interrogatory may be derived or ascertained from the records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of that party’s records, or from a compilation, abstract or summary based thereon, and the burden of deriving or ascertaining the answer would be substantially the same for the party serving the interrogatory as for the party served, a sufficient answer to such an interrogatory shall be to specify the records from which the answer may be derived or ascertained and to afford the party serving the interrogatory reasonable opportunity to examine, audit or inspect those records and to obtain copies, compilations, abstracts or summaries.

The provisions of this Rule 4006 amended October 16, 1981, effective October 16, 1981, 11 Pa.B. 3687; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5338; amended December 14, 1989, effective January 1, 1990, 20 Pa.B. 11; amended April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921. Immediately preceding text appears at serial pages (209483) to (209485).

Notation

Explanatory Note

The prior Rule has been completely rewritten to incorporate substantial parts of Fed. R. Civ.P. 33 and to conform to Rule 4005.

(1) The restriction in the prior Rule to ‘‘adverse’’ parties is deleted.

(2) The answering party will respond to each interrogatory in the space provided. If the space is inadequate, he may retype the interrogatories or he may use a supplemental sheet for the remainder of his response.

(3) The amendment requires the answering person to sign the answer and the attorney to sign any objections. This follows Fed. R. Civ.P. 33. Present practice provides only for signing the answer.

(4) An interrogatory which is otherwise proper is not objectionable because the answer will require an opinion or the application of law to fact. This conforms to Fed. R. Civ.P. 33(b) and the rescission of former Rule 4011(f).

(5) Subdivision (b) copies Fed. R. Civ.P. 33(c) by providing that, where the requested information may be derived or ascertained from a party’s records, he has an option to produce the records for inspection by the inquiring party rather than detailing the information in his answer.

The amendment, however, goes beyond Fed. R. Civ.P. 33(c) by making the option applicable to all records. The Federal Rule restricts the option to ‘‘business’’ records. This expansion of the option to all records is not intended to give an answering party carte blanche to foist upon the inquiring party a jumble of personal records. The option can be used only where the burden would be substantially the same for both parties and never where it will be an undue burden on the inquiring party. The amendment also goes beyond the Federal Rule in requiring the inquiring party who has made compilations, abstracts or summaries from the records to furnish a copy to the party who has produced the records. This will help facilitate agreements as to their accuracy for use at trial and prevent surprise.

(6) The time periods for answer are extended to 30 days after service of the interrogatories to conform to the time period of the Federal Rule.

(7) Under the amendment, as under the Federal Rule, the statement of an objection will not excuse the answering party from answering all remaining interrogatories to which no objection is stated.