What should I ask for in a divorce discovery?
What should I ask for in a divorce discovery?
The type of discovery include: Interrogatories—which are written questions that must be answered under oath. Requests for production of documents—asking that certain documents be provided by you or your spouse. Requests for admissions—asking that certain facts be admitted or denied.
Is it illegal to hide money in a divorce?
Hiding assets during a divorce is sneaky, unethical and illegal – and it happens much more frequently than most women suspect. Many couples have complex financial portfolios. Not only can this be used to help determine alimony and child support, but it also serves as a tool to help detect hidden assets or income.
Can you refuse to answer interrogatories?
If you are unable to answer an interrogatory because it is too vague, ambiguous, or somehow objectionable, you can state an objection and the reason for your objection. You must then answer to the extent the interrogatory is not objectionable.
What happens if interrogatories are not answered?
Motions to Compel – If a party doesn’t respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. If the court grants the motion to compel, then the party who objected or failed to answer must then do so.
Do I have to answer all interrogatories?
You must answer each interrogatory separately and fully in writing under oath, unless you object to it. You must explain why you object. You must sign your answers and objections.
What is the purpose of request for answers to interrogatories?
In law, interrogatories (also known as requests for further information) are a formal set of written questions propounded by one litigant and required to be answered by an adversary in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case.
What happens if the defendant does not give me responses to my discovery requests?
Without this “Answer” the court will enter a judgment against the person being sued. This is called a default judgment. When the court “strikes” pleadings, the Court essentially erases the “Answer” and the result is the same as being in default.
What does interrogatory mean in legal terms?
In a civil action, an interrogatory is a list of questions one party sends to another as part of the discovery process. The recipient must answer the questions under oath and according to the case’s schedule. In the Federal Rules of Civil Procedure, Rule 33 governs interrogatories. See Civil Procedure.
Who can interrogatories be served on?
Interrogatories may be served on a defendant or any other party “with or after service of process and the initial pleading.” A party served with interrogatories has thirty days from the date of service to serve its responses, except that a defendant has forty five days from the date the service of process and the …
How long does a defendant have to answer interrogatories?
within 30 days
What should I ask for in discovery?
Here are some of the things lawyers often ask for in discovery:anything a witness or party saw, heard, or did in connection with the dispute.anything anyone said at a particular time and place (for example, in a business meeting related to the dispute or after a car accident that turned into a lawsuit)
Can an attorney answer interrogatories?
The person who makes the answers must sign them, and the attorney who objects must sign any objections. Under Rule 33, answers to interrogatories must be verified and must be signed by the person answering the interrogatory, not only by the party’s attorney. Hindmon v. Natl.
How many interrogatories can you ask?
Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(1) and (2).
What happens if you lie on interrogatories?
The most damaging thing that can happen if someone lies on interrogatories is that they can be punished by the judge at trial. If the party lies repeatedly or has been deliberately dishonest about material facts in the case, the judge may initiate a perjury charge.
