Rule 33.Interrogatories to Parties

Part V. Depositions and Discovery · Last verified September 4, 2026

In one sentenceRule 33 caps interrogatories at thirty and gives 30 days to answer — 45 for a defendant — and because these rules allow no default judgment, failure to answer is met with Rule 37 sanctions the court must order absent good cause.

Full Text of Rule 33

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

(a) Availability: Procedures for Use. Any party may serve upon any other 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 or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories 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 and complaint upon that party. No party shall serve on any other party as of right more than one set of interrogatories, unless the total number of all interrogatories in all sets combined does not exceed thirty, including interrogatories, subsidiary or incidental to, or dependent upon, other interrogatories, and however the same may be grouped or combined. The court, on a showing of good cause, or upon agreement of the parties, may allow service of additional interrogatories. Each interrogatory shall be answered separately and fully in writing under the penalties of perjury, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer; each answer or objection shall be preceded by the interrogatory to which it responds. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve the answers and objections, if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon the defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under Rule 37(a) with respect to any objection or other failure to answer an interrogatory. In addition, for failure to serve timely answers or objections to interrogatories (or further answers, as the case may be), the interrogating party may serve a final request for answers, specifying the failure. All sanctions available to a party under Rule 37 and any other sanction that the court may deem appropriate shall be available to compel compliance with this rule and such sanctions shall be ordered by the court except for good cause shown.

(b) Scope: Use at Trial. 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 rules of evidence. An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed, or until a pretrial conference, or other later time. (Identical to Mas s.R.Civ.P. 33(b))

(c) Option to Produce Business Records. Where 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 to identify, as readily as can the party served, the records from which the answer may be ascertained. (Identical to Mass.R.Civ.P. 33(c)) As amended June 5, 2003, effective September 2, 2003.

End

Reporter’s Notes

Reporter's Notes (2003) The non-filing requirement of amended Rule 5(d)necessitated changes in the Rule 33(a) procedure by which a party who has served interrogatories seeks to have judgment entered against a party for failure to respond to the interrogatories. Since a default judgment is not permissible under the Rules of Domestic Relations procedure, all sanctions available to a party under Rule 37 and any other sanction that the court may deem appropriate shall be available to compel compliance with this rule and such sanctions shall be ordered by the court except for good cause shown. In addition, the amendment brings the Probate and Family Court into conformity with the Rules of Civil Procedure by requiring that each answer or objection shall be preceded by the interrogatory to which it responds.

Plain-English Summary

Rule 33 differs from its civil counterpart in one structural way that matters more than any of the wording: there is no default judgment in this ruleset. Rule 55 is deleted. So the civil rule's machinery for entering judgment against a party who ignores interrogatories has nothing to attach to, and the Reporter's Note for 2003 says so in terms. What replaced it is a mandatory sanctions provision.

Thirty interrogatories

No party may serve on any other party as of right more than one set, unless the total number of all interrogatories in all sets combined does not exceed thirty — counting anything subsidiary to, incidental to or dependent on another interrogatory, however grouped or combined. The court may allow more on a showing of good cause, or the parties may agree.

Answering

Each interrogatory is answered separately and fully in writing under the penalties of perjury, or objected to with the reasons stated. Each answer or objection must be preceded by the interrogatory to which it responds — added in 2003 to bring the Probate and Family Court into line with the civil rules. Answers are signed by the person making them; objections by the attorney.

The response period is 30 days after service, except that a defendant may answer within 45 days after service of the summons and complaint. The court may allow a shorter or longer time.

What happens if nobody answers

The interrogating party may move under Rule 37(a). In addition, they may serve a final request for answers specifying the failure. Then the sentence that carries the weight: all sanctions available under Rule 37, and any other sanction the court deems appropriate, are available to compel compliance, and such sanctions shall be ordered by the court except for good cause shown. The default position is that a sanction issues.

Scope, and the business-records option

Interrogatories may reach anything discoverable under Rule 26(b), and the answers may be used to the extent the rules of evidence permit. An interrogatory is not objectionable merely because the answer involves an opinion or contention relating to fact or the application of law to fact, though the court may defer it until designated discovery is complete or until a pretrial conference.

Subsection (c) allows a party to answer by specifying business records where the answer can be derived from them and the burden of doing so is substantially the same for both sides. The specification must be detailed enough to let the interrogating party locate and identify the records as readily as the responding party could.

Frequently Asked Questions

How many interrogatories can I serve in a Massachusetts domestic relations case?

Thirty in total. Rule 33(a) provides that no party may serve on any other party as of right more than one set, unless the total number of all interrogatories in all sets combined does not exceed thirty, including interrogatories subsidiary or incidental to, or dependent upon, other interrogatories, however grouped or combined. The court may allow more on a showing of good cause, or the parties may agree.

How long do I have to answer interrogatories?

30 days after service. A defendant may serve answers or objections within 45 days after service of the summons and complaint. The court may allow a shorter or longer time.

Can a party be defaulted for not answering interrogatories?

No. There is no default judgment under these rules — Rule 55 is deleted. Rule 33(a) instead makes all sanctions available under Rule 37, and any other sanction the court deems appropriate, available to compel compliance, and provides that such sanctions shall be ordered by the court except for good cause shown.

Do answers have to repeat the interrogatory?

Yes. Rule 33(a) requires each answer or objection to be preceded by the interrogatory to which it responds.

Can I answer by pointing to business records?

Rule 33(c) allows it where the answer may be derived or ascertained from the responding party's business records and the burden of deriving it is substantially the same for both parties. The specification must be in sufficient detail to permit the interrogating party to locate and identify the records as readily as the party served could.

Do interrogatory answers have to be sworn?

They are answered separately and fully in writing under the penalties of perjury, signed by the person making them. Objections are signed by the attorney making them.

Source & verification. Rule text, Rule History and Reporter’s Notes reproduced verbatim from the Massachusetts Rules of Domestic Relations Procedure as published by the Massachusetts Trial Court Law Libraries, current through amendments effective May 1, 2010. Promulgated by the Supreme Judicial Court of Massachusetts. Last verified September 4, 2026. · Official text

Also known as: interrogatoriesrogsthirty interrogatoriesfinal request for answersinterrogatory deadlinebusiness records option