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 Nebraska, but does include basic and other
information.
Definitions
Discovery:
Discovery is 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.
Nebraska Rules of Discovery
The Nebraska rules of discovery are contained in the official Nebraska
Supreme Court Rules. The discovery rules also apply in divorce actions.
Discovery Methods:
Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written
questions, written interrogatories, production or inspection of documents
or other tangible things or permission to enter upon land or other property,
mental or physical examinations, and requests for admission of facts and
genuineness of documents. Rule 26(a)
Scope of Discovery:
Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is
as follows:
Parties may obtain discovery regarding any matter, not
privileged, which is relevant to the subject matter involved in the pending
action, whether it relates to the claim or defense of the party seeking
discovery or to the claim or defense of any other party, including the
existence, description, nature, custody, condition and location of any
books, documents, or other tangible things and the identity and location
of persons having knowledge of any discoverable matter. It is not ground
for objection that the information sought will be inadmissible at the trial
if the information sought appears reasonably calculated to lead to the
discovery of admissible evidence. Rule 26(b)
Experts:
A party may through interrogatories require any other party to identify each person whom the other party expects to call
as an expert witness at trial, to state the subject matter on which the
expert is expected to testify, and to state the substance of the facts
and opinions to which the expert is expected to testify and a summary of
the grounds for each opinion. 26(b)(4)
Sequence and Timing of 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
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)
Depositions:
Before Whom Depositions May Be Taken:
Within this state depositions may be taken before a judge or clerk of the Supreme Court or district court,
a county judge, clerk magistrate, notary public, or any person appointed by the court in which the action is pending. A person
so appointed has power to administer oaths and take testimony. Rule 28(a)
Within other states of the United States or within a territory or
insular possession subject to the jurisdiction of the United States depositions
may be taken before an officer authorized to administer oaths by the laws
of the United States or of the place where the examination is held, or
before a person appointed by the court in which the action is pending.
A person so appointed has power to administer oaths and take testimony.
Rule 28(b)
In a foreign country, depositions may be taken 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 rogatory. Rule 28(c)
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 separately
and fully in writing under oath, unless it is objected to, in which event
the reasons for objection shall be stated in lieu of an answer. 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
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 35
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(b) set
forth in the request, including the genuineness of any documents described
in the request. Rule 36
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 Rule
31, the discovering party may move for an order compelling an answer. Rule
37
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.
