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RULE 31
INTERROGATORIES

Analysis



Interrogatories to parties or persons

31.01. (1) A party may serve upon an adverse party written interrogatories in Form 31.01A to be answered by the adverse party, or if the adverse party is a body corporate, partnership or association, by an officer or agent thereof, and subject to rule 31.03, the adverse party, officer or agent shall answer each interrogatory to the best of his or her personal knowledge or from information available to him or her through any person.

             (2)  A party may serve upon any person who is not a party, interrogatories to be answered by that person, or if that person is a body corporate, partnership or association, by an officer or agent thereof, and subject to rule 31.03, the person shall answer each interrogatory to the best of his or her personal knowledge and, if necessary, by adding any explanatory information, provided the party shall serve a copy of the interrogatories and answers upon any adverse party forthwith upon receipt of the same.

1986 c42 Sch D rule 31.01

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Form, number, etc. of interrogatories

31.02. (1) Interrogatories shall relate to the same matters as may be dealt with by an examination for discovery under rule 30.08.

             (2)  Unless the Court otherwise orders to protect a party or person interrogated from annoyance, expense, embarrassment or oppression, the number of interrogatories or sets of interrogatories to be served is not limited.

             (3)  Unless the Court otherwise orders, the interrogatories may be served at any time after the pleadings are closed within the meaning of rule 14.22.

             (4)  Where interrogatories are to be served on two or more persons or are required to be answered by an officer or agent of a person, a note at the end of the interrogatories shall state which of the interrogatories each person is required to answer.

1986 c42 Sch D rule 31.02

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Answer to interrogatories

31.03. (1) Unless the Court otherwise orders, interrogatories shall be answered separately and fully under oath as in Form 31.03A, and the answer shall be served on the party giving the interrogatories within ten days of their receipt.

             (2)  An objection to answering any interrogatory may only be taken on the ground of privilege or that it is not relevant to the subject matter involved in the proceeding, but not that it is outside of the scope of the pleadings, and the objection shall be made in the affidavit in answer.

1986 c42 Sch D rule 31.03

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Insufficient answer

31.04. If a person on whom interrogatories have been served fails to answer any one or more of them or answers insufficiently, the Court may, upon such terms as are just, make an order requiring that person to answer or to answer further, either by affidavit or oral examination, or to answer any other interrogatory.

1986 c42 Sch D rule 31.04

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Failure to comply with order

31.05. If a person fails to comply with any order made under Rule 31, the provisions of rule 30.14 shall apply with any necessary modification.

1986 c42 Sch D rule 31.05; 3/94

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Use of answers to interrogatories at trial

31.06. (1) The answers to interrogatories may be used at a trial or hearing to the same extent as depositions are used under rule 30.13, subject to any necessary modification.

             (2)  Subject to rule 31.06(1) a party may put in evidence at a trial or hearing any answer or part of any answer to an interrogatory and the Court may direct that any related answer or part shall be put in evidence.

1986 c42 Sch D rule 31.06

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Revocation and variation of orders

31.07. Any order made under Rule 31, including an order made on appeal may, on sufficient cause being shown, be revoked or varied by a subsequent order of the Court made or given at or before the trial or hearing of the proceeding in connection with which the original order was made.

1986 c42 Sch D rule 31.07