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K.S.A. 60-233.Interrogatories to parties

Last amended July 1, 2010 · Last verified July 28, 2026

In one sentenceK.S.A. 60-233 lets a party serve written interrogatories on any other party, requires answers under oath within 30 days (45 for a defendant answering after service of process), and lets a responding party point to business records instead of digging out the answer itself when the burden would be the same either way.

Full Text of K.S.A. 60-233

Text sizeJump to: (a) (b) (c) (d)

(a) In general.
(1) Availability; timing. A party may serve written interrogatories on the plaintiff after commencement of the action and on any other party with or after service of process on that party.
(2) Scope. An interrogatory may relate to any matter that may be inquired into under subsection (b) of K.S.A. 60-226, and amendments thereto. An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the court may order that the interrogatory need not be answered until designated discovery is complete, or until a pretrial conference or some other time.
(b) Answer and objection.
(1) Responding party. The interrogatories must be answered:
(A) By the party to whom they are directed; or
(B) if that party is a public or private corporation, a partnership, an association, a governmental agency or other entity, by any officer or agent, who must furnish the information available to the party.
(2) Time to respond. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories, except that a defendant may serve answers or objections within 45 days after being served with process. A shorter or longer time may be stipulated to under K.S.A. 60-229, and amendments thereto, or be ordered by the court.
(3) Answering each interrogatory. Each interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath.
(4) Objections. The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.
(5) Signature. The person who makes the answers must sign them, and the attorney who objects must sign any objections.
(c) Use. An answer to an interrogatory may be used to the extent allowed by the rules of evidence.
(d) Option to produce business records. If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting or summarizing a party's business records, including electronically stored information, and if the burden of deriving or ascertaining the answer will be substantially the same for either party, the responding party may answer by:
(1) Specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could; and
(2) giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts or summaries.

Amendment History

L. 1963, ch. 303, 60-233; amended by Supreme Court order dated July 20, 1972; L. 1986, ch. 215, § 7; L. 1997, ch. 173, § 16; L. 2008, ch. 21, § 3; L. 2010, ch. 135, § 102; July 1.

Plain-English Summary

Interrogatories can be served on the plaintiff once the action starts and on any other party once that party has been served with process. The scope tracks ordinary discovery under K.S.A. 60-226(b): an interrogatory isn't objectionable just because it asks for an opinion or a contention involving fact or the application of law to fact, though the court can put off answering a contention interrogatory until later discovery, a pretrial conference, or some other point in the case.

The responding party -- or, for an organization, whatever officer or agent can furnish the information available to it -- has 30 days to serve answers and objections, extended to 45 days for a defendant answering after being served with process, unless the parties stipulate to a different period under K.S.A. 60-229 or the court orders one. Every interrogatory not objected to must be answered separately, fully, and under oath, the answering party signs the answers, and the attorney signs any objections. Objections have to state their grounds with specificity, and any ground left out of a timely objection is waived unless the court excuses the omission for good cause.

Subsection (d) gives a responding party an out when the answer sits buried in its own business records, including electronically stored information, and the burden of digging it out would fall equally on either side: instead of compiling the answer, the party can point the interrogating party to the specific records, described in enough detail to let that party find them just as easily, and give a reasonable chance to examine, audit, and copy them.

Frequently Asked Questions

How long does a defendant have to answer interrogatories in Kansas?

K.S.A. 60-233(b)(2) gives a defendant 45 days after being served with process to serve answers or objections. Other parties generally get 30 days after being served with the interrogatories, unless the parties stipulate to a different period or the court orders one.

Can I object to an interrogatory just because it asks for my opinion or a legal conclusion?

No, not on that ground alone. Subsection (a)(2) states that an interrogatory isn't objectionable merely because it asks for an opinion or a contention relating to fact or the application of law to fact, though the court can delay when such an interrogatory must be answered.

Do interrogatory answers have to be signed under oath?

Yes. Subsection (b)(3) requires each interrogatory that isn't objected to be answered separately and fully in writing under oath, and subsection (b)(5) requires the person who makes the answers to sign them.

What happens if I don't state specific grounds for objecting to an interrogatory?

Subsection (b)(4) requires the grounds for an objection to be stated with specificity, and any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.

Can I just point to my business records instead of answering an interrogatory directly?

Subsection (d) allows this when the answer can be determined from examining, auditing, or summarizing business records and the burden of doing so is substantially the same for either party. The responding party must specify the records in enough detail for the other side to locate them and give a reasonable opportunity to examine and copy them.

Source & verification. Section text is reproduced verbatim from the Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026. · Official source
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