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Minnesota Discovery Interrogatories for Divorce Proceeding for either...

Minnesota Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant - Another Form

Name: Minnesota Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant - Another Form
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.74 (362 reviews)

Category:

Family Law - Divorce - Discovery - Interrogatories

State:

Minnesota

Control #:

MN-021B-D

Format:

Instant download

Description Sample Answers To Interrogatories Divorce

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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Questions About Divorce Form popularity

Discovery Divorce Form Other Form Names

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FAQ

So, can you refuse to answer interrogatories? The answer is, no, you may not.That answer must either permit inspection of the requested information or object to the production of the information for a specific reason.

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.

You can object to an interrogatory if the information sought is known by the requesting party or available to both parties equally. For example, you should raise this objection if the answers are publicly available or in a third-party's custody or control.

Your answers to the interrogatories should usually be short, clear, and direct and should answer only the question that is being asked. This is not the time to set out your entire case or defense to the other side. Take the time to make sure your answers are correct and truthful.

The type of discovery include: Interrogatorieswhich are written questions that must be answered under oath. Requests for production of documentsasking that certain documents be provided by you or your spouse. Requests for admissionsasking that certain facts be admitted or denied.

Responding to Form InterrogatoriesAnswer each question, being careful to answer each subpart, if one exists. Read the question carefully, and answer only what it asks. You may attach exhibits, if necessary. The response must be verified, meaning you must swear that the responses given are true.

Respond Truthfully. You should answer each interrogatory honestly, even if it involves an uncomfortable topic. Submit Your Responses on Time. Answer Every Interrogatory. Save the Sarcasm. You Can Object When Appropriate.

Written questions called interrogatories or requests for admission. Using these discovery tools, your spouse must answer questions in writing, or admit specific statements that you believe are true. Inspection demands. You can ask to inspect property like a safe deposit box or wine collection.

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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 Minnesota, 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.

Minnesota Rules of Civil Procedure

Minnesota has adopted the Minnesota 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 26.01

Scope: Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. Rule 26.02(a)

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 26.02(d)

Sequence and Timing of Discovery: Unless the court orders otherwise, methods of discovery may be used in any sequence. Rule 26.04

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 26.05

Discovery Conference: At any time after service of the summons, the court may direct the attorneys for the parties to appear before it for a conference on the subject of discovery. Rule 26.06

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 state of Minnesota, or the place where the examination is held, or before a person appointed by the court in which the action is pending. Rule 28.01

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 place in which the examination is held, or before a person commissioned by the court, or pursuant to a letter rotary. Rule 28.02

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. Unless ordered by the court, a party may serve no more than a total of fifty interrogatories. Rule 33.01

Production

Any party may serve upon another party a request to produce certain documents, not privileged, to be inspected and copied. Rule 34.01

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 35.01

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 36.01

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 37.01

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.

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 Minnesota, but does include basic and other information.

Definitions

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.

Minnesota Rules of Civil Procedure

Minnesota has adopted the Minnesota Rules of Civil Procedure which contain rules governing discovery. The discovery rules also apply in divorce actions.

Scope: Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. Rule 26.02(a)

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 26.02(d)

Sequence and Timing of Discovery: Unless the court orders otherwise, methods of discovery may be used in any sequence. Rule 26.04

Discovery Conference: At any time after service of the summons, the court may direct the attorneys for the parties to appear before it for a conference on the subject of discovery. Rule 26.06

Depositions:

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

Production

Any party may serve upon another party a request to produce certain documents, not privileged, to be inspected and copied. Rule 34.01

Physical and Mental Examination of Persons

Requests for Admissions

Compel Discovery

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.

Minnesota Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant - Another Form

Description Sample Answers To Interrogatories Divorce

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How to fill out Minnesota Discovery Interrogatories For Divorce Proceeding For Either Plaintiff Or Defendant - Another Form?

Questions About Divorce Form popularity

Discovery Divorce Form Other Form Names

FAQ

Can you refuse to answer interrogatories?

Does a defendant have to answer interrogatories?

Do you answer or respond to interrogatories?

How do you object to interrogatories?

How do you answer interrogatories in a divorce case?

How do you answer discovery interrogatories?

What are discovery questions in a divorce?

How do you respond to interrogatories?

How do I fill out an interrogatories divorce?

What should I ask for in a divorce discovery?

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