This is a sample form of interrogatories for the Plaintiff in a Divorce action to ask the Defendant. It also includes a request for production of documents. You should only use this form as a guide and delete questions not relevant to your case, as well as add questions you or your client want to ask the Defendant based upon the facts of your case. Includes Notice of Service of Interrogatories for filing with the court.
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Michigan Discovery Interrogatories for Divorce Proceeding for either...
Divorce Without Lawyer
State:
Michigan
Control #:
MI-021B-D
Format:
Word;
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Sample Divorce Interrogatories Pdf
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Interesting Questions
Yes, it is possible to get a divorce without hiring a lawyer in Michigan. However, it is recommended to consult with an attorney to understand your rights and ensure a fair settlement.
To file for divorce without a lawyer in Michigan, you need to follow these steps: 1. Complete the necessary forms, such as the Complaint for Divorce. 2. File your forms with the appropriate county court. 3. Serve the divorce papers to your spouse. 4. Attend any required court hearings. 5. Follow the court's instructions to finalize the divorce.
Yes, there are residency requirements for getting a divorce in Michigan. Either you or your spouse must have been a resident of Michigan for at least 180 days, and a resident of the county where you file for divorce for at least 10 days.
In a divorce without a lawyer in Michigan, you and your spouse can mutually agree on how to divide assets and debts. If you cannot agree, the court will make a decision based on factors like your financial situation, contributions to the marriage, and the length of your marriage.
Yes, you can change your name during a divorce without a lawyer in Michigan. You need to include a request to change your name in the divorce papers and pay an additional fee when filing.
The duration of a divorce without a lawyer in Michigan varies depending on factors like court caseload, complexity of issues, and your cooperation with your spouse. It can take several months to a year or more to finalize the divorce.
Yes, there are alternatives to trial in a divorce without a lawyer in Michigan. Mediation, where a neutral third party helps you and your spouse reach a settlement, is a common alternative. Collaborative divorce, where both parties work together with their attorneys to negotiate an agreement, is also an option.
Yes, you can seek child custody without a lawyer in Michigan. However, it is important to consider consulting with an attorney to understand the child custody laws and ensure the best interests of the child are protected.
If your spouse hires a lawyer during your divorce without a lawyer, it is advisable to seek legal representation as well. Having a lawyer can help ensure your rights are protected and you receive a fair settlement.
While it is possible to proceed without a lawyer, it is generally recommended to hire an attorney for a divorce in Michigan. They can provide legal guidance, ensure all the necessary paperwork is properly filed, assist with negotiations, and protect your rights throughout the process.
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Law summary
Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant - Another Form
Note: This summary is not intended to be an all-inclusive
summary of discovery law in Michigan, but does include basic and other
information.
Definitions
Discovery: A procedure designed to allow disclosure of information between Plaintiffs and Defendants. Written questions, oral questioning, document production and admissions requests are generally allowed. Discovery was designed to to prevent trial by ambush.
Interrogatories: Written questions from Plaintiff to Defendant, or from Defendant to Plaintiff. The questions are mailed to the Plaintiff, Defendant or the attorney for response in writing. The answers or responses are usually due between 20-30 days.
Deposition: A procedure where verbal questions are asked a Plaintiff or Defendant for immediate response. Depositions are usually recorded by a court reporter, who swears the person to tell the truth before questioning begins.
Production of Documents: The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.
Requests for Admissions: Written questions where you request the other party to admit or deny some relevant fact.
Objections: Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.
Civil Procedure Rules: Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.
Michigan Court Rules
The Michigan Court Rules for discovery in domestic actions are contained in the Michigan Statutes Annotated, Chapter 2, Rules 2.301 through 2.313. The discovery rules also apply in divorce proceedings.
Scope: Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. Rule 2.302(B)(1)
Experts: A party may through interrogatories require another party to identify each person whom the other party expects to call as an expert witness at trial. Rule 2.302(b)(4)
Sequence of Timing and Discovery: Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery. Rule 2.302(D)
Supplementation of Responses: A party who has responded to written interrogatories with a response that was complete when made is under no duty to supplement the response to include information thereafter acquired, except as follows:
(1) A party is under a duty seasonably to supplement the response with respect to any question directly addressed to (A) the identity and location of persons having knowledge of discoverable matters and (B) the identity of each person expected to be called as an expert witness at trial and the general nature of the subject matter on which the expert is expected to testify.
(2) A party is under a duty to amend a prior response seasonably if the party obtains information upon the basis of which the party knows that the response (A) was incorrect when made or (B) though correct when made is no longer true. Rule 2.302(E)
Depositions:
Before Whom Depositions May Be Taken: Within the United States or within a territory subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States, or the place where the examination is held, or before a person appointed by the court in which the action is pending. Rule 2.304(A)
If the deposition is taken in a foreign country, it is proper to take the deposition on notice before a person authorized to administer oaths in the he place in which the examination is held, or before a person commissioned by the court, or pursuant to a letter rogatory. Rule 2.304(B)
Interrogatories
Any party may serve upon another party written interrogatories to be answered by the party served. Each interrogatory shall be answered fully in writing and under oath. Rule 2.309
Production
Any party may serve upon another party a request to produce certain documents, not privileged, to be inspected and copied. Rule 2.310
Physical and Mental Examination of Persons
When the mental or physical condition of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or control. Rule 2.311
Requests for Admissions
A party may serve upon any other party a written request for the admission, of the truth of any matters within the scope of Rule 2.302(B) set forth in the request, including the genuineness of any documents described in the request. Rule 2.312
Compel Discovery
A party, upon reasonable notice to the other parties may apply for an order compelling discovery. If a party refuses to allow inspection or fails to answer a question propounded or submitted under Rule 2.309 or 2.310 the discovering party may move for an order compelling an answer. Rule 2.313
Domestic Actions Discovery Notes
If you require extra time to respond to discovery, you should ask the other side for an extension in writing. It may also be necessary to enter an order granting the extension to protect your rights.
Discovery questions are limited in number so select the most important questions to ask the other side. Don't waste your requests writing questions that you already know the answer to.
Legal definition
Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant - Another Form
Note: This summary is not intended to be an all-inclusive
summary of discovery law in Michigan, but does include basic and other
information.
Definitions
Discovery: A procedure designed to allow disclosure of information between Plaintiffs and Defendants. Written questions, oral questioning, document production and admissions requests are generally allowed. Discovery was designed to to prevent trial by ambush.
Interrogatories: Written questions from Plaintiff to Defendant, or from Defendant to Plaintiff. The questions are mailed to the Plaintiff, Defendant or the attorney for response in writing. The answers or responses are usually due between 20-30 days.
Deposition: A procedure where verbal questions are asked a Plaintiff or Defendant for immediate response. Depositions are usually recorded by a court reporter, who swears the person to tell the truth before questioning begins.
Production of Documents: The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.
Requests for Admissions: Written questions where you request the other party to admit or deny some relevant fact.
Objections: Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.
Civil Procedure Rules: Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.
Michigan Court Rules
The Michigan Court Rules for discovery in domestic actions are contained in the Michigan Statutes Annotated, Chapter 2, Rules 2.301 through 2.313. The discovery rules also apply in divorce proceedings.
Scope: Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. Rule 2.302(B)(1)
Experts: A party may through interrogatories require another party to identify each person whom the other party expects to call as an expert witness at trial. Rule 2.302(b)(4)
Sequence of Timing and Discovery: Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery. Rule 2.302(D)
Supplementation of Responses: A party who has responded to written interrogatories with a response that was complete when made is under no duty to supplement the response to include information thereafter acquired, except as follows:
(1) A party is under a duty seasonably to supplement the response with respect to any question directly addressed to (A) the identity and location of persons having knowledge of discoverable matters and (B) the identity of each person expected to be called as an expert witness at trial and the general nature of the subject matter on which the expert is expected to testify.
(2) A party is under a duty to amend a prior response seasonably if the party obtains information upon the basis of which the party knows that the response (A) was incorrect when made or (B) though correct when made is no longer true. Rule 2.302(E)
Depositions:
Before Whom Depositions May Be Taken: Within the United States or within a territory subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States, or the place where the examination is held, or before a person appointed by the court in which the action is pending. Rule 2.304(A)
If the deposition is taken in a foreign country, it is proper to take the deposition on notice before a person authorized to administer oaths in the he place in which the examination is held, or before a person commissioned by the court, or pursuant to a letter rogatory. Rule 2.304(B)
Interrogatories
Any party may serve upon another party written interrogatories to be answered by the party served. Each interrogatory shall be answered fully in writing and under oath. Rule 2.309
Production
Any party may serve upon another party a request to produce certain documents, not privileged, to be inspected and copied. Rule 2.310
Physical and Mental Examination of Persons
When the mental or physical condition of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or control. Rule 2.311
Requests for Admissions
A party may serve upon any other party a written request for the admission, of the truth of any matters within the scope of Rule 2.302(B) set forth in the request, including the genuineness of any documents described in the request. Rule 2.312
Compel Discovery
A party, upon reasonable notice to the other parties may apply for an order compelling discovery. If a party refuses to allow inspection or fails to answer a question propounded or submitted under Rule 2.309 or 2.310 the discovering party may move for an order compelling an answer. Rule 2.313
Domestic Actions Discovery Notes
If you require extra time to respond to discovery, you should ask the other side for an extension in writing. It may also be necessary to enter an order granting the extension to protect your rights.
Discovery questions are limited in number so select the most important questions to ask the other side. Don't waste your requests writing questions that you already know the answer to.
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