Interrogatories - An Underused Tool In The Litigation Toolkit? Recent Changes May Assist

What are interrogatories?

Interrogatories are a series of targeted questions that may be raised to clarify issues in dispute between parties to an action. The purpose of interrogatories is to reduce the burden of discovery and narrow the evidence required at trial.

Answers to interrogatories are sworn by way of affidavit and can be treated as evidence at trial.

S.I. No. 363/2024 - Rules of the Superior Courts (interrogatories) 2024

Previously, leave of the court was required to raise interrogatories, except where the action had been admitted to the commercial or competition list, or involved allegations of fraud or breach of trust. However, following the amendment of Order 31 by S.I. No. 363/2024 (the "Amended Rules"), since 31 July 2024 litigants can deliver up to twenty interrogatories without applying for leave of the court.