Form 6.

6: Interrogatories - Fraud
[Plaintiff to Defendant]
1. Did you make the following statement [or a statement similar to the following]
to the Plaintiff on or about ____________, 20 __?
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
If your answer is anything other than an unqualified No, please set forth the
following information specifically and in detail:
A. State in detail the surrounding circumstances that caused you to make
the statement.
B. For each person who was present at the time the statement was made,
set forth his or her name, address, occupation and relationship to the
parties.
C. Set forth the name, address, occupation and relationship to the parties of
every person having knowledge or information of the facts and
representations contained in the statement.
D. Is the above statement true or false?
E. Did you believe that the above statement was true at the time that you
made it? If so, identify and describe with particularity every fact, writing,
item of evidence or information to support the claim that you believed the
statement to be true at the time you made it.
F. Did you intend that the Plaintiff should believe the above statement at
the time that you made it?
G. Did you intend that the Plaintiff should rely upon the above statement at
the time that you made it?
H. Did the Plaintiff rely on the above statement and take actions or make
decisions based upon the statement?213
2. Are you presently aware of any facts, evidence, documents, writings or
information of any kind that support the truth of the statement contained in the
preceding interrogatory? If your answer is anything other than an unqualified
No, please describe in detail and provide specific information with respect to
213

Consider using a Request For Admission to obtain this.

each such fact, item of evidence, document, or writing; also, please provide the
name, address and relationship to the parties of each person possessing same.
3. Are you presently aware of any facts, evidence, documents, writings or
information of any kind that contradict the truth of the statement contained in the
preceding interrogatory? If your answer is anything other than an unqualified
No, please describe in detail and provide specific information with respect to
each such fact, item of evidence, document, writing or information; also, please
provide the name, address and relationship to the parties of each person possessing
same.
4. Did you have actual knowledge of the falsity of the subject statement before
making it?
5. Do you contend that the Plaintiff had actual knowledge of the falsity of the
subject statement before acting upon it? If so, please provide the following
information:
A. Set forth each fact, item of evidence, document, writing or information
that would support this contention; also, please provide the name, address
and relationship to the parties of each person possessing same.
B. Set forth each fact, item of evidence, document, writing or information
that would contradict this contention; also, please provide the name,
address and relationship to the parties of each person possessing same.
6. Do you contend that the Plaintiff's reliance upon your statement was not
justified? If so:
A. Set forth each fact, item of evidence, document, writing or information
that would support this contention; also, please provide the name, address
and relationship to the parties of each person possessing same.
B. Set forth each fact, item of evidence, document, writing or information
that would contradict this contention; also, please provide the name,
address and relationship to the parties of each person possessing same.
7. Do you contend that the Plaintiff could not have justifiably relied upon the
statement? If so:
A. Set forth each fact, item of evidence, document, writing or information
that would support this contention; also, please provide the name, address
and relationship to the parties of each person possessing same.
B. Set forth each fact, item of evidence, document, writing or information
that would contradict this contention; also, please provide the name,
address and relationship to the parties of each person possessing same.

[Alternative Introductory Questions]

1[A]. Did you sign, ratify, promote or endorse the following statement contained in
a document dated _________, 20 __ ?
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
1[B]. Did you verbally ratify, prompt or endorse the following statement:
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
[Defendant to Plaintiff]
1. With respect to the transaction involving ______________ , do you claim that
the Defendant made any misrepresentation of any fact to you? If your answer is
anything other than an unqualified No, then for each and every such fact please
set forth the following information specifically and in detail:
A. The specific fact that was represented to you.
B. The method by which the communication was made. To the best of your
memory, using quotation marks, indicate the precise words used during any
conversation between you and the Defendant that involved the alleged
representation.
C. The date and approximate time of the representation.
D. Do you contend that the representation was false? If so, set forth each
fact, item of evidence, document, writing or information that would
support this contention; also, please provide the name, address and
relationship to the parties of each person possessing same.
E. Do you contend that the Plaintiff knew that the representation was false
at the time that it was made? If so, set forth each fact, item of evidence,
document, writing or information that would support this contention; also,
please provide the name, address and relationship to the parties of each
person possessing same.
F. Do you contend that the Plaintiff intended that you should rely upon the
statement? If so, set forth each fact, item of evidence, document, writing or
information that would support this contention; also, please provide the

name, address and relationship to the parties of each person possessing

same.
2. With respect to the transaction described in the preceding interrogatory, do you
claim that the Defendant did not make a disclosure of all material facts to you? If
your answer is anything other than an unqualified No, then for each and every
material fact that was not disclosed to you, please set forth the following
information specifically and in detail:
A. The specific fact that was not represented to you.
B. State why, specifically, you contend that the fact was material.
C. When and under what circumstances did you discover the fact?
D. Do you contend that the Plaintiff actively hid the fact from you? If so,
set forth each fact, item of evidence, document, writing or information that
would support this contention; also, please provide the name, address and
relationship to the parties of each person possessing same.
E. Provide a detailed description of all efforts on your part to investigate or
discover the material fact and the relevant circumstances surrounding it.
Please provide specific dates and times in your answer.
3. Before acting upon the alleged information, did the Plaintiff have access to any
information whatsoever that would have verified or refuted the information? If
your answer is anything other than an unqualified No, then for each and every
such item of information, please set forth the following:
A. Describe the information in detail and the circumstances leading to your
discovery of it.
B. State all attempts that you made to obtain the information prior to
acting upon the alleged misinformation (include names, dates, times and
other relevant facts).
C. When, precisely, did you first become aware of the information?
8. What specific conduct did the Plaintiff engage in or refrain from engaging in as a
result of the of the alleged misrepresentation by the Defendant? Is it true that the
Plaintiff would have engaged in the conduct, in any event, even if the
representation had never been made?