Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant
Note: This summary is not intended to be an all inclusive
summary of discovery law in Vermont, 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.
Vermont Rules of Civil Procedure
Vermont has adopted the Vermont Rules of Civil Procedure which
contain rules governing discovery. The discovery rules also apply in
divorce actions.
Discovery Methods: Parties may obtain discovery by one or
more of the followings methods: depositions upon oral examinations or written
questions, written interrogatories, production of documents or things or
permission to enter upon land or other property, physical and mental examinations,
and requests for admission. Rule
26(a)
Scope:
Parties may obtain discovery regarding any matter,
not privileged, which is relevant to the subject matter involved in the
pending action. Rule 26(a)(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 26(b)(4)
Sequence and Timing of Discovery:
Unless the court orders otherwise, methods of discovery may be used in any sequence. Rule 26(d)
Supplementation of Responses:
A party who has responded to a request for discovery with a response that was complete when made is
under no duty to supplement his response to information acquired, except
as follows: the party is under a duty seasonably to supplement his response
with respect to a question concerning the identity and location of persons
having knowledge of discoverable matters and the identity of each person
expected to be called as an expert witness at trial. A party is also under
a duty to amend a prior response if the party knows the response was incorrect
when made or he knows the response though correct when made is no longer
true. Rule 26(e)
Discovery Conference:
At any time after commencement of an
action the court may direct the attorneys for the parties to appear before
it for a conference on the subject of discovery. 26(f)
Depositions:
Before Whom Depositions May Be Taken:
Within the state depositions shall be taken before a justice of the peace or notary public or a person
appointed by the court. Rule 28(a)(1)
Within another state, or within a territory or insular possession
subject to the dominion of the United States, depositions shall be taken
before an officer authorized to administer oaths by the laws of the place
where the examination is held or before a person appointed by the court
in which the action is pending. Rule 28(a)(2)
Depositions may be taken in a foreign country pursuant to any applicable
treaty or convention, or pursuant to a letter of request, or on notice
before a person authorized to administer oaths in the place where the examination
is held or before a person commissioned by the court. Rule 28(b)
Stipulations:
Unless the court orders otherwise, the parties
may by written stipulation provide that depositions be taken at any time,
any place, and upon any notice. Rule 29
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 33
Production
Any party may serve upon another party a request to produce certain
documents, not privileged, to be inspected and copied. Rule 34(a)
Physical and Mental Examination of Persons
When the mental or physical condition (including the blood group)
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 35(a)
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 26.02 set
forth in the request, including the genuineness of any documents described
in the request. Rule 36(a)
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 30 or 31,
the discovering party may move for an order compelling an answer. Rule
37(a)
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.
