Standard Product Interrogatories

As amended through December 18, 2021

Standard Product Interrogatories

Where a product interrogatory is marked with an asterisk(*), a request for production may accompany the interrogatory.

Product Interrogatory 1. Documents of Sale and Ownership.*

Identify all documents relating to the sale, possession, ownership or transfer of the product actually involved in the accident and the persons who have custody of those documents or copies thereof.

Product Interrogatory 2. Identification and Purchase of Product.

(a) State the date on which the product actually involved in the accident was purchased or acquired by the person or company which owned it at the time of the accident.

(b) State whether the product was purchased or acquired in a new or used condition.

(c) State the names and addresses of all prior owners or possessors and give the dates of their ownership or possession.

(d) State the name and address of the manufacturer and the date the product was manufactured and state the model and serial numbers or other designation of the product.

Product Interrogatory 3. Warranties.*

(a) Identify every written warranty which is applicable to the product actually involved in the accident and any persons who have custody of such warranty or copy thereof.

(b) Identify every warranty which is not in writing, stating the substance and dates thereof and the persons from whom and to whom given.

Product Interrogatory 4. Product Literature.*

Identify all instruction, operating, repair, maintenance, and safety manuals regarding the product actually involved in the accident and any other documents which describe the product and its use stating: titles, dates of publication, general description and amendments thereto and identify the persons who have custody thereof.

Product Interrogatory 5. Present Location of Product.

State the present location of the product actually involved in the accident and identify the person who has custody thereof.

Product Interrogatory 6. Repairs of the Product before the Accident.* With respect to the product actually involved in the accident, identify:

(a) Every repair or replacement made to the product before the accident;

(b) The names, addresses and employers of any person who made each repair or replacement;

(c) The nature, purpose and date of each repair or replacement; and

(d) Any document referring to each repair or replacement and the persons who have custody thereof.

Product Interrogatory 7. Modification of the Product before the Accident.* With respect to the product actually involved in the accident, identify:

(a) Every pre-accident alteration or addition made to the product after it left the possession of its manufacturer;

(b) The names, addresses and employers of any person who made each alteration or addition;

(c) The nature, purpose and date of each alteration or addition; and

(d) Any document referring to each alteration or addition and the persons who have custody thereof.

Product Interrogatory 8. Inspections before the Accident.*

State whether there were any inspections or examinations of the product actually involved in the accident after its manufacture and before the accident. If so, state:

(a) When any inspections or examinations were scheduled to be made and by whom;

(b) The dates when any inspections or examinations were made and by whom;

(c) Whether there is any documentation relating to the schedule or the inspections or examinations and, if so, identify such documentation;

(d) Whether there were oral reports made with respect to any inspections or examinations and, if so, state the substance and dates thereof and the persons from whom and to whom given.

Product Interrogatory 9. Complaints and Malfunctions before the Accident.*

State whether, before the accident, there were any complaints or malfunctions regarding the product actually involved in the accident. If so, state:

(a) The substance of any complaints or malfunctions;

(b) The dates when any complaints or malfunctions occurred;

(c) The name and address of the persons who made such complaints or experienced the malfunctions;

(d) Whether the complaints or malfunctions are documented and the identification of the persons who prepared the documents; and

(e) Whether there were any oral reports made as to any complaints or malfunctions.

Product Interrogatory 10. Training and Instruction before the Accident.*

Describe all training and instruction which you gave or received for the operation, use or maintenance of the product actually involved in the accident before the accident, including any classroom instruction or on the job training.

Product Interrogatory 11. Tests.*

Identify every test that has been made, before and after the accident, on the product actually involved in the accident.

Identify the persons who performed the tests, the dates on which they were performed and give a description of the tests, the purpose of the tests and the results.

Product Interrogatory 12. Reports of Accident.*

Identify all reports and other documents (except reports of experts consulted by you whom you do not intend to call at trial) which describe the happening of the accident or the cause thereof, giving the identification of the persons who prepared the reports or documents, the dates and the persons who have custody thereof.

Product Interrogatory 13. Recalls, Recommendations and Warnings.

Have you ever known of or received, published or distributed any (a) recalls or recommendations for repair or replacement, or (b) warnings with respect to the manufacture or usage of the product actually involved in the accident? If so, identify all such recalls, recommendations or warnings and any persons who have custody of any document referred to in your answer.

Product Interrogatory 14. Alterations of the Product after the Accident.* With respect to the product actually involved in the accident, identify:

(a) Every alteration or addition made to the product after the accident;

(b) The names, addresses and employers of any person who authorized and made any alteration or addition;

(c) The nature, purpose and date of each alteration or addition; and

(d) Any document referring to any alteration or addition and the persons who have custody thereof.

Product Interrogatory 15. Repairs to the Product after the Accident.* With respect to the product actually involved in the accident, identify:

(a) Every repair or replacement made to the product after the accident;

(b) The names, addresses and employers of any person who authorized and made any repair or replacement;

(c) The nature, purpose and date of each repair or replacement; and

(d) Any document referring to any repair or replacement and the persons who have custody thereof.

Former Rule 145; amended by General Court Regulation 81-5; effective 6/15/1981.