D. Neb. NECivR 33.1

(a) Sequential Numbering.

A party must number each interrogatory sequentially, despite the number

of interrogatory sets.

(b) Definitions.

The standard definitions set forth in this rule shall apply to all interrogatories

served in civil cases in this district, unless the court orders otherwise.

Parties may, by written agreement, amend, supplement, or omit any of the

standard definitions. No other definitions or separate definitions of terms

used in interrogatories may be used without the court's leave.

The standard definitions for all interrogatories served in civil cases in this

district are as follows:

(1) Communication. The term "communication" means the transmittal of

oral or written information.

(2) Document. The term "document" is defined to be synonymous in

meaning and equal in scope to the usage of the term "documents or

electronically stored information" in Fed. R. Civ. P. 34(a)(1)(A). A

draft or non-identical copy is a separate document within the

meaning of this term.

(3) Identify (With Respect to Persons). When referring to a person, "to

identify" means to give, to the extent known, the person's full name

and present or last known address. Once a person has been

identified in accordance with this subparagraph, only the name of

that person need be listed in response to subsequent interrogatories

requesting the identification of that person.

(4) Parties. The terms "plaintiff" and "defendant" as well as a party's full

or abbreviated name or a pronoun referring to a party mean the party

and, where applicable, its officers, directors, partners, members,

representatives, or employees. This definition is not intended to

impose a discovery obligation on any person or entity that is not a

party to the litigation.

(5) Person. The term "person" is defined as any natural person or any

legal entity, including, without limit, any business or governmental

entity or association.

(6) Concerning. The term "concerning" means relating to, referring to,

describing, evidencing, or constituting.

(c) Construction.

The following rules of construction shall apply to all interrogatories:

(1) All/Any/Each. The terms "all," "any," and "each" must each be

construed as encompassing any and all.

(2) And/Or. The connectives "and" and "or" must be construed either

disjunctively or conjunctively as necessary to bring within the scope

of the discovery request all responses that might otherwise be

construed to be outside of its scope.

(3) Number. The use of the singular form of any word includes the plural

and vice versa.

(d) Number of Interrogatories.

(1) In determining the number of interrogatories, including subquestions,

each inquiry seeking information on separate and discrete subjects

is counted as a separate interrogatory. Subparts are counted as one

interrogatory only if they are logically or factually subsumed within

and necessarily related to the primary question. Conversely,

subparts introducing separate and distinct lines of inquiry are

counted as additional interrogatories, regardless of their designation

or how they are labeled.

By way of example, a question asking for the time, place, persons

present, and contents of a particular communication may be treated

as a single interrogatory because those subparts (time, place,

persons present, and contents) are related and depend upon the

primary question (a particular communication). An interrogatory

asking for the identity of witnesses, followed by subparts asking for

each witness's opinions, supporting facts, and bases for those

opinions, introduces distinct lines of inquiry and may be treated as

multiple interrogatories.

(2) An interrogatory requesting the basis for the denial of each request

for admission will be counted as one interrogatory for each denied

request.

(3) An interrogatory requesting the factual or legal basis for each

affirmative defense asserted will be counted as one interrogatory per

affirmative defense.

(e) Form of Response.

In answering or objecting to interrogatories, the responding party must first

state verbatim the interrogatory and immediately thereafter the responsive

answer or objection.

(f) Certificate of Service.

The demanding party, when serving interrogatories, must file a certificate of

service. The responding party must also file a certificate of service upon

serving a response.

(g) Alternative Methods of Service.

If all parties agree, interrogatories and answers or objections may be served

by e-mail or fax. The answering party must maintain during the pendency

of the proceeding a paper copy of all answers to interrogatories, sworn to

and signed as required by Federal Rule of Civil Procedure 33(b), and must

produce this copy upon a party's request.