South Carolina Interrogatories: Limits and Answers

Legal content overseen by Nathan Walter, Esq., attorney licensed in California (State Bar No. 313299).

South Carolina interrogatories include the standard questions in Rule 33(b) and, in qualifying cases, up to fifty general questions including subparts without leave of court.

Under Rule 33(a), answers ordinarily are due within 30 days after service of the interrogatories, with a defendant permitted to answer within 45 days after service of the summons and complaint; the court may set a different period. Answers must be separate, full, written and under oath unless an objection states the reasons instead.

For insurance-defense teams, this guide connects those rules to collecting client facts, checking response drafts and tracking information learned after initial answers.

What are South Carolina interrogatories, and which rules govern them?

South Carolina interrogatories are written questions served on another party under Rule 33 of the South Carolina Rules of Civil Procedure (SCRCP). Rule 33(a) requires separate, full answers in writing under oath unless an objection states the reasons in place of an answer, and Rule 33(d) ties the permissible subject matter to Rule 26(b).

This article covers civil actions under the SCRCP, not federal, magistrate-court, administrative or family-court practice. For background, see our overview of interrogatories and the discovery response workflow.

Except as limited by paragraph (b)(9), any party may serve written interrogatories on any other party, without leave of court on the plaintiff after commencement of the action and on any other party with or after service of the summons and complaint (Rule 33(a)).

South Carolina interrogatories quick reference

The main Rule 33 requirements are:

• General-question limit: fifty questions including subparts to any one party across sets, unless the court grants leave for good cause. No leave is needed to serve general questions when the amount in controversy is not less than $25,000 or the action seeks declaratory or injunctive relief (Rule 33(b)(9)).
• Ordinary response period: 30 days after service of the interrogatories (Rule 33(a)).
• Defendant provision: 45 days after service of the summons and complaint. The court may allow a shorter or longer time (Rule 33(a)).
• Execution: answers are under oath and signed by the person making them. Objections are signed by the attorney making them (Rule 33(a)).
• Business records: an answer derivable from the party’s business records, substantially equal burdens in deriving it, specific record identification, and a reasonable opportunity to examine the records and make copies (Rule 33(c)).
• Updates: continuing until trial; information sought that comes to the knowledge of a party, representative or attorney after the original answers must be promptly transmitted to the other party (Rule 33(b); Rule 26(e)).

How many interrogatories can you serve in South Carolina?

South Carolina Rule 33(b)(9) permits general interrogatories without leave in actions with an amount in controversy of not less than $25,000 or seeking declaratory or injunctive relief, with a total limit of fifty questions including subparts to any one party. These general questions are in addition to the standard interrogatories, and serving more than one set does not reset the fifty-question total. Exceeding that total requires leave of court upon good cause shown (Rule 33(b)(9)).

Which cases permit general interrogatories without leave?

Rule 33(b)(9) names actions with an amount in controversy of not less than $25,000 and all actions for declaratory or injunctive relief. It also names family-court actions, which this article does not cover.

The $25,000 threshold permits general interrogatories without leave; it does not lift the fifty-question ceiling. Rule 33(b)(9) says general interrogatories to any one party “shall not exceed fifty questions including subparts, except by leave of court upon good cause shown.”

Do subparts and later sets count?

Yes. Rule 33(b)(9) counts “subparts” toward the fifty-question total and allows “more than one set of interrogatories” while capping the total to any one party, so a second set draws on the same total. The quoted text sets no test for counting disputed subparts.

The examples below are invented, and their arithmetic is illustrative only:

• In an $80,000 damages case, the $25,000 threshold is met, but a set of 52 general questions counting subparts exceeds fifty and the excess requires leave of court upon good cause shown.
• In a $20,000 damages-only case with no declaratory or injunctive relief, the $25,000 route does not apply on its face, but Rule 33(b)(9) says the court may order additional interrogatories for good cause shown in any case.
• If 35 general questions have been served, a second set of 20 brings the total to 55, which exceeds fifty.

What do South Carolina’s standard interrogatories ask?

South Carolina Rule 33(b)(1)–(8) lists standard interrogatories addressing witnesses and statements, prepared documents, personal-injury treatment and costs, liability insurance, itemized damages other than pain and suffering, experts, witness knowledge, and correction of an improperly identified defendant. The personal-injury question is case-specific, and paragraph (8) is expressly for defendants (Rule 33(b)).

The eight standard questions request the following information:

• (b)(1): names and addresses of witnesses known to the parties or counsel, whether written or recorded statements were taken, and who possesses them.
• (b)(2): a list of photographs, plats, sketches or other prepared documents in the party’s possession that relate to the claim or defense.
• (b)(3): in personal-injury cases, names and addresses of treating physicians and hospitals to which the party was committed for the injuries, and a statement of all medical costs involved.
• (b)(4): names and addresses of all insurers with liability coverage relating to the claim, policy numbers, and the liability coverage amount in each policy.
• (b)(5): an itemized statement of all damages claimed, exclusive of pain and suffering.
• (b)(6): names and addresses of expert witnesses the party proposes to use at trial.
• (b)(7): for each witness known to the parties or counsel, either a summary sufficient to inform the other party of the important facts known or observed, or a copy of any written or recorded statements taken from that witness.
• (b)(8): defendants only: the proper identification of an improperly identified defendant and whether counsel will accept service of an amended summons and pleading reflecting the correct information.

For insurance-defense teams, paragraph (4) calls for insurers, policy numbers and coverage amounts, which may need to be gathered from the carrier and the insured before the answering person signs (Rule 33(a)). These interrogatory examples are generic, not South Carolina authority.

When are answers due, and who must sign them?

Under South Carolina Rule 33(a), answers and objections ordinarily must be served within 30 days after service of the interrogatories, while a defendant may serve them within 45 days after service of the summons and complaint. The court may allow a shorter or longer time. The person making the answers signs them, and the attorney making objections signs those objections (Rule 33(a)).

Which event starts each response period?

The 30-day period runs from service of the interrogatories. The 45-day defendant period runs from service of the summons and complaint upon that defendant, not from service of each later set.

This article does not calculate dates or analyze service methods, added time, scheduling orders or agreements beyond Rule 33(a)’s express provision allowing the court to set a shorter or longer time.

How do party answers differ from attorney objections?

Rule 33(a) requires each interrogatory to be answered “separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer.” The serving party may move under Rule 37(a) on any objection or other failure to answer (Rule 33(a)).

How do you prepare full answers, objections, and record-based responses?

South Carolina Rule 33(a) calls for separate, full, sworn written answers or stated reasons for an objection. Rule 33(c) permits a business-records answer only when its conditions are met, including substantially equal burdens in deriving the answer and enough detail for the requesting party to locate and identify the records as readily as the responding party.

This workflow is a suggestion, not an additional rule requirement:

1. Number each interrogatory, copy its text above the response, and note any subparts and whether it is standard or general.
2. Collect the facts from the client. Briefpoint‘s Client Bridge is one way to do this.
3. Separate factual gaps from legal objections, and map the business records that may contain responsive information.
4. Have counsel review the draft, then obtain the required signatures.

What must an objection explain?

Under Rule 33(a), the reasons for an objection are stated in lieu of an answer, and the attorney signs the objection. Our guide to common interrogatory objections is general and not South Carolina authority.

When can business records supply the answer?

Rule 33(c) applies where the answer may be derived or ascertained from the party’s business records, including electronically stored information, and the burden of deriving it is substantially the same for both parties. In that case it is a sufficient answer to specify the records and afford the serving party a reasonable opportunity to examine, audit or inspect them and make copies. The specification must let the interrogating party locate and identify the records as readily as the party served can.

A vague reference to a large document folder does not show that this standard is met. A record map with identified page ranges, relevant fields and access arrangements can help counsel evaluate Rule 33(c)’s conditions; whether Bates citations alone suffice is for counsel. For file preparation, see how to organize discovery documents.

How do you identify privileged material without revealing it?

Under Rule 26(b)(5)(A), a party withholding otherwise discoverable information as privileged or as trial preparation material must make the claim expressly and describe what is withheld so that other parties can assess the claim without learning the protected information.

Do South Carolina interrogatory answers need to be updated?

Yes. South Carolina Rule 33(b) treats standard interrogatories as continuing from service until trial and requires information sought that comes to the knowledge of a party, representative or attorney after the original answers to be promptly transmitted to the other party. Rule 26(e) applies that continuing-request and prompt-transmission requirement to discovery requests under Rules 31, 33, 34 and 36 (Rule 33(b); Rule 26(e)).

Rule 26(e) adds a duty to seasonably supplement a response to any question directly addressed to the identity and location of persons having knowledge of discoverable matters, or to each expected expert witness’s identity, subject matter and substance of testimony. Neither supplementation provision sets a fixed number of days: both use “promptly” for newly learned information sought, and Rule 26(e) also uses “seasonably” for the additional supplementation duty just described.

A team-managed update register can track the request number, the new information, the responsible reviewer and the transmission status. A newly identified fact witness, for example, would be tied back to the Rule 33(b)(1) answer for counsel review. This is a suggestion, not a rule requirement. See also supplemental responses.

What happens if an interrogatory answer is incomplete or missing?

South Carolina Rule 37(a)(3) treats an evasive or incomplete answer as a failure to answer for purposes of a motion to compel. Rule 37(a)(2) permits a motion to compel an interrogatory answer, and Rule 37(d) separately authorizes court-ordered consequences for failure to serve answers or objections after proper service (Rule 37).

The rule distinguishes an incomplete answer from no answers or objections:

• Incomplete answer: because it is treated as a failure to answer (Rule 37(a)(3)), the discovering party may move for an order compelling an answer (Rule 37(a)(2)).
• No answers or objections: the court on motion may make such orders as are just, including any action under Rule 37(b)(2)(A), (B) and (C) (Rule 37(d)).

Those paragraphs cover orders taking designated facts as established, barring designated claims, defenses or evidence, striking pleadings, staying proceedings, dismissing all or part of the action, or entering a default judgment. Because Rule 37(d) says the court “may,” none is automatic.

In lieu of or in addition to any order, the court “shall require” the party failing to act, the attorney advising the party, or both to pay the reasonable expenses, including attorney’s fees, caused by the failure, unless it finds the failure substantially justified or an award unjust (Rule 37(d)).

How can Briefpoint help prepare interrogatory responses?

Briefpoint drafts responses and objections to interrogatories, with output editable in Microsoft Word and attorneys retaining final review. Client Bridge sends clients plain-language questions through a secure link so they can answer and upload documents for attorney review.

For record-based responses, Autodoc finds responsive documents, adds page-level Bates citations and builds a Bates-numbered production package. The attorney decides whether Rule 33(c) applies to a given answer. Gathering client facts early supports the witness, damages and medical-cost answers under Rule 33(b)(1), (3) and (5).

Briefpoint also drafts responses to requests for production and requests for admission, supports all 50 states and 98 federal courts, and offers Spanish client translations. Supplemental Responses is also available. See also discovery workflows for insurance teams.

To explore Briefpoint for your discovery-response workflow, Book a demo.

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What are the FAQs about South Carolina interrogatories?

South Carolina Rule 33’s main distinctions are standard versus general interrogatories, the response period’s triggering event, and party answers versus attorney objections. Rule 33(a), (b)(9) and (c) address those distinctions and the business-records option.

Are standard interrogatories included in South Carolina’s fifty-question limit?

No, based on the text of South Carolina Rule 33(b)(9). The fifty-question limit applies to general interrogatories, which the rule describes as additional to the standard interrogatories. The limit is fifty questions including subparts to any one party across sets, unless the court grants leave for good cause. The standard questions appear separately in Rule 33(b)(1)–(8).

Does a $25,000 claim permit more than fifty general interrogatories without leave?

No. Under South Carolina Rule 33(b)(9), an amount in controversy of not less than $25,000 is one basis for serving general interrogatories without first obtaining leave. It does not remove the fifty-question limit, which counts subparts. Exceeding that limit requires leave of court upon good cause shown.

Does a defendant always get 45 days after receiving interrogatories?

No. The defendant provision in South Carolina Rule 33(a) measures 45 days from service of the summons and complaint upon that defendant, not from service of every interrogatory set. The ordinary response period is 30 days after service of the interrogatories, and the court may allow a shorter or longer time.

Who signs South Carolina interrogatory answers?

The person making the answers signs them under South Carolina Rule 33(a), and the attorney making objections signs the objections. Answers must be separate, full, written and under oath unless objected to. For a corporation, partnership, association or governmental agency, an officer or agent answers using information available to the party.

Can I respond to interrogatories by identifying business records?

Yes, if South Carolina Rule 33(c)’s conditions are met. The answer must be derivable from the party’s business records, with substantially the same burden for both parties to derive it. The responding party must identify the records in enough detail for the other side to locate them as readily as it can, and allow a reasonable opportunity to examine and copy them.

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