Under Rule 33 of the Federal Rules of Civil Procedure, a party may serve on another party "no more than 25 interrogatories, including all discrete subparts." Patty is a paralegal at a large law firm and is working with Sharon, a senior partner, and Jill, an associate, on a commercial-litigation case. Sharon asked Jill to draft interrogatories that will be served on the opposing party. Jill drafts 28 interrogatories and asks Patty to proofread and prepare a final draft. Patty prepares the final draft, but tells Jill the total number of interrogatories exceeds the number permitted under Rule 33. Jill then revises the interrogatories by making some interrogatories subparts of other interrogatories, so that the total number of interrogatories is 25, excluding subparts. From the options listed below, what is Patty's best approach to this situation?
A)Proofread and prepare a final version of the interrogatories and present them to Sharon.
B)Begin looking for another job because working with Jill is too risky.
C)Advise Jill that the presumptive limit is inclusive of subparts.
D)Report Jill's rule violation to Sharon.

Question

Quizplus · Accepted Answer

Advise Jill that the presumptive limit is inclusive of subparts. Raising the presumptive limit problem with Jill (even if a second time) allows Jill the opportunity to revise interrogatories that she drafted initially. Answer A is not the best approach because it ignores the presumptive limit, and if served, could lead to an objection by opposing counsel. Answer B is a red herring because it does not directly address the immediate situation. Answer D is not the best approach, as it will likely create unnecessary friction in the office.