(a) Generally — Procedure. 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. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the objecting party shall state the reasons for the objection and shall answer to the extent the interrogatory is not objectionable. 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 a copy of the answers, and objections, if any, within thirty days after the service of the interrogatories, except that a defendant may serve answers or objections within forty-five days after service of the summons and complaint upon that defendant. A shorter or longer time may be directed by the court or, in the absence of such order, agreed to in writing by the parties. All grounds for an objection to an interrogatory shall be stated with specificity. Any ground not stated in a timely objection is waived unless the party’s failure to object is excused by the court for good cause shown. The party submitting the interrogatories may move for an order under § 15-6-37(a) with respect to any objection to or other failure to answer an interrogatory. A party answering interrogatories must set out the interrogatory immediately preceding the answer thereto.
Rule 33.Interrogatories to Parties
Part V: Discovery · Last amended 2006 · Last verified July 16, 2026
In one sentenceRule 15-6-33 lets any party serve written interrogatories on another party, requires each one to be answered separately under oath or objected to with stated reasons, sets response deadlines, and allows an answer that points to business records instead of a written narrative when appropriate.
Full Text of Rule 15-6-33
(b) Scope — Use at trial. Interrogatories may relate to any matters which can be inquired into under § 15-6-26(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 interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time.
(c) Production of 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.
Plain-English Summary
Rule 15-6-33 is South Dakota’s interrogatories rule, the state’s counterpart to what many lawyers call ROGs. Any party may serve written interrogatories on any other party without needing the court’s permission first: a plaintiff can serve them once the case begins, and any other party can be served with or after the summons and complaint. If the party served is a corporation, partnership, association, or government agency, an officer or agent answers on its behalf using whatever information the entity has available. Each interrogatory must be answered separately and fully, under oath, unless the responding party objects and states the reasons; objections must spell out their grounds with specificity, or they are waived unless the court excuses the failure for good cause. The person answering signs the answers, and the attorney raising an objection signs that. Answers and objections are due within thirty days of service, except that a defendant gets forty-five days from being served with the summons and complaint, and the court or a written agreement between the parties can shorten or lengthen that window. A party answering must set out each interrogatory just before its answer, and the requesting party can move to compel under Rule 15-6-37(a) over any objection or other failure to answer.
Interrogatories can reach anything discoverable under Rule 15-6-26(b), and the answers may be used at trial to the extent the rules of evidence allow. An interrogatory is not automatically objectionable just because answering it calls for an opinion or a contention about how the law applies to the facts, though the court can order that such a question wait until later in discovery, or until a pretrial conference or some other point.
When the answer to an interrogatory can be worked out from the responding party’s business records, and figuring it out would take about the same effort for either side, Rule 15-6-33 allows a shortcut: instead of writing out a narrative answer, the responding party can point to the records, describe them specifically enough that the requesting party can locate them as readily as the responding party could, and give a reasonable opportunity to examine, audit, or copy them.
Frequently Asked Questions
How long do I have to answer interrogatories in a South Dakota lawsuit?
Thirty days after service, under Rule 15-6-33, except that a defendant answering interrogatories served with the summons and complaint gets forty-five days from being served. The court or a written agreement between the parties can set a different deadline.
Can I object to an interrogatory instead of answering it?
Yes, but Rule 15-6-33 requires the objection to state its grounds with specificity, and any ground left out of a timely objection is waived unless the court excuses the omission for good cause. You still have to answer any part of the interrogatory that is not objectionable.
Do interrogatories only ask about facts, or can they ask about legal contentions too?
They can reach both. Rule 15-6-33 says an interrogatory is not automatically objectionable just because answering it involves an opinion or a contention applying law to fact, though the court can delay when that kind of interrogatory must be answered.
Can I just point the other side to my business records instead of writing out a full answer?
Yes, if the answer can be derived from those records and the burden of working it out is about the same for both sides. Rule 15-6-33 lets you specify the records in enough detail for the requesting party to locate them as easily as you could, and give them a reasonable chance to examine and copy them.
What can I do if the other side will not answer my interrogatories?
Rule 15-6-33 lets you move for an order under Rule 15-6-37(a) with respect to any objection to, or other failure to answer, an interrogatory.
Amendment History
(a)SDC 1939 & Supp 1960, § 36.0531; SD RCP, Rule 33, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, § 15-6-33; Supreme Court Rule 76-3, § 7; 2006, ch 304 (Supreme Court Rule 06-30).
(b)SDC 1939 & Supp 1960, § 36.0531; SD RCP, Rule 33, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, § 15-6-33; Supreme Court Rule 76-3, § 7.
(c)SDCL, § 15-6-33 as added by Supreme Court Rule 76-3, § 7; Supreme Court Rule 86-8.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
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