(a) Procedures for use.
- (1) Any party may serve on any other party written interrogatories to be answered by the party served.
- (2) Each interrogatory shall be answered separately and fully in writing unless it is objected to, in which case the reasons for the objection must be stated in lieu of the answers.
- (3) The party answering the interrogatories shall repeat each interrogatory immediately before the answer or objection.
(4) The answers and/or objections are to be signed by:
- (A) The person making them; or
- (B) A person authorized under 23 CAR § 462-306.
- (5) Any party in so signing certifies that the information therein is true and correct to the best of that party’s information and belief.
(b) Option to produce business records. Where the answers to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served; from an examination, audit, or inspection of such business records; or from a compilation, abstract, or summary based thereon and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to:
- (1) Specify the records from which the answer may be derived or ascertained; and
(2) Afford to the party serving the interrogatory reasonable opportunity to:
- (A) Examine, audit, or inspect such records; and
- (B) Make copies, compilations, abstracts, or summaries.
- (c) A data request that contains written interrogatories shall be governed by this section.
Codification Notes: This section was promulgated as Rule 5.09 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.