Special Interrogatories In Divorce Cases
SPECIAL INTERROGATORIES SERVED IN DIVORCE MATTERS
Interrogatories are questions that are specially prepared by a party to a divorce case (either the plaintiff or the defendant, or both, can prepare and serve interrogatories on the other party). These questions are provided to the other party to answer under oath.
Under Mass.R.Dom.Rel.P. 33, the maximum number of interrogatories allowed is 30. However, if the demanding party really needs to ask more than 30 questions, he or she may file a motion with the court and show good cause why additional questions are necessary.
There is no limit to the number of sets of questions a party can serve, so long as the total number of interrogatories does not exceed 30. If a party wanted, he could serve 30 sets of interrogatories on the other party with each set containing only one interrogatory. Of course, such a method of questioning is highly burdensome and the requesting party might be sanctioned for making the requests in separate sets.
The responding party must answer each interrogatory, unless a valid objection is made to the question. The answers must be signed under penalty of perjury and provided to the requesting party within 30 days.
Lawyers practicing family law are typically well-versed in the general rules of discovery. However, many attorneys lack the skill and patience needed to prepare and respond to special interrogatories, which may be invaluable to preparation of a case in divorce matters. Call or email our offices today for a free, private consultation.
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