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Nevada Discovery Interrogatories for Divorce Proceeding for either...

Nevada Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant

Name: Nevada Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.78 (436 reviews)

Category:

Family Law - Divorce - Discovery - Interrogatories

State:

Nevada

Control #:

NV-021B-D

Format:

Instant download

Description

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. This form includes the Notice of Service of Interrogatories for filing with the court.

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How to fill out Nevada Discovery Interrogatories For Divorce Proceeding For Either Plaintiff Or Defendant?

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FAQ

Interrogatories can be quicker, less costly, and less complicated than depositions, but there are downsides. Since the questions are written, the witness may have more time to think and craft answers, rather than providing more candid answers during discovery.

Interrogatories are lists of questions sent to the other party that s/he must respond to in writing. You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion.

The purpose of interrogatories is to learn a great deal of general information about a party in a lawsuit. For example, the defendant in a personal injury lawsuit about a car accident might send you interrogatories asking you to disclose things like: Where you live.

Motions to Compel If a party doesn't respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. If the court grants the motion to compel, then the party who objected or failed to answer must then do so.

Interrogatories Interrogatories are written questions that are sent by one party to another. Generally speaking, the party who receives these questions has 30 days to answer them.If the other party fails to respond on time, within 30 days, then the questions are deemed admitted.

So, can you refuse to answer interrogatories? The answer is, no, you may not. You must answer a Rule 33 interrogatory within 30 days of being served with it. 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.

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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 Nevada, 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.

Nevada Rules of Civil Procedure

Nevada has adopted the Nevada 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(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 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. Rule 26(f)

Depositions:

Before Whom Depositions May Be Taken:

Within the United States, depositions may be taken before a notary public or a person appointed by the court. Rule 28(a)

Outside of the United States, depositions may be taken on notice before a person authorized to administer oaths in the place of examination, or before a person appointed or commissioned by the court, or pursuant to a letter rogatory. 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

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

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 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.

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 Nevada, but does include basic and other information.

Definitions

Discovery:

Interrogatories:

Deposition:

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.

Nevada Rules of Civil Procedure

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

Discovery Methods:

Scope:

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. Rule 26(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 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:

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. Rule 26(f)

Depositions:

Before Whom Depositions May Be Taken:

Within the United States, depositions may be taken before a notary public or a person appointed by the court. Rule 28(a)

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

Physical and Mental Examination of Persons

Requests for Admissions

Compel Discovery

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.

Nevada Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant

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How to fill out Nevada Discovery Interrogatories For Divorce Proceeding For Either Plaintiff Or Defendant?

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FAQ

What are the advantages of interrogatories over depositions?

What are interrogatories used for?

What is the purpose of an interrogatory?

What happens if I don't answer interrogatories?

What happens after interrogatories are answered?

Can you refuse to answer interrogatories?

What happens if interrogatories are not answered?

Do I have to answer interrogatories?

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