5.4Interrogatories

The use of interrogatories is only available to parties. See MCR 2.309(A)(1). Without leave of court, written interrogatories may be served on the plaintiff once the action has commenced. MCR 2.309(A)(1)(a). The defendant may be served with interrogatories “with or after the service of the summons and complaint on that defendant.” MCR 2.309(A)(1)(b). “Each separately represented party may serve no more than twenty interrogatories upon each party. A discrete subpart of an interrogatory counts as a separate interrogatory.” MCR 2.309(A)(2).

MCR 2.309(B) governs how and when a party must respond to interrogatories. The court may alter the timing rules. MCR 2.309(B)(4). The court may also, for good cause, “excuse service [of the answers] on parties other than the party who served the interrogatories.” Id.

MCR 2.309(C) permits the party submitting interrogatories to file a motion to compel discovery “under MCR 2.313(A) with respect to an objection to or other failure to answer an interrogatory.”¹ “If the motion is based on the failure to serve answers, proof of service of the interrogatories must be filed with the motion. The motion must state that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the deposit without court action.” MCR 2.309(C).

A letter from counsel does not constitute an answer that complies with MCR 2.309(B), unless there is an agreement to accept the letter as the answer. Jilek v Stockson (On Remand), 297 Mich App 663, 668 (2012). However, in the absence of an agreement, there is no discovery violation if the party submitting the interrogatories did not file a motion to compel under MCR 2.313(A). Jilek, 297 Mich App at 668.