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New York Discovery Interrogatories for Divorce Proceeding for either...

Yonkers New York Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant

Name: Yonkers New York Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant
Brand: US Legal Forms
Rating: 4.73 (206 reviews)

Category:

New York Family Law - Divorce - Discovery - Interrogatories

State:

New York

City:

Yonkers

Control #:

NY-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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FAQ

Interrogatories are a discovery tool that the parties can use to have specific questions about a case answered before trial. Interrogatories are lists of questions sent to the other party that s/he must respond to in writing.

Generally, discovery is limited to 10 years, thus in order to protect your client in written discovery, if their conviction was over 10 years ago, a proper objection will buy you some time.

Interrogatories often ask general questions about a person's background, such as education, work history, assets and income, a list of personal property, and information about insurance policies, retirement accounts, trust fund information, and any real estate holdings.

Discovery is almost always necessary during a divorce. Even if you and your spouse agree on the particulars of the divorce and how to divide assets, discovery can help both parties reach a fair and equitable resolution. Your lawyer will ultimately help you decide if discovery is necessary.

Tips for Responding to Marital Interrogatories, Custody Interrogatories, or Parental Allocation Interrogatories Your answers should be short and concise.Type your responses, please do not handwrite your responses. Be truthful.You must sign and verify that the information provided is true in the presence of a notary.

Interrogatories are to be raised at a pre-trial stage and must have a close connection with the matter in question, whereas cross examinations have a wider scope of questions that can be asked.

The Discovery Process is a fact-finding process that happens after a divorce has been filed, after the close of pleadings, and before trial. The divorcing parties must reveal to each other quantifiable facts about themselves and substantiating documents to prepare for Settlement or Trial.

Parties are limited to serving 25 interrogatories, including subparts, unless the court orders otherwise or the parties agree to alter the limit. The number of interrogatories that may be served is cumulative, and may not exceed a total of 25 to each party throughout the action.

Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time.

Rule 34 of the Federal Rules of Civil Procedure provides for discovery and inspection of documents and things in the course of developing a case for trial. Subsection (b)(1)(A) states that the request must ?describe with reasonable particularity each item or category of items to be inspected.? See Fed. R. Civ.

More info

Some couples have shared records throughout the marriage, but most divorcing spouses will need to exchange at least some financial documents. The Attorney General or the defendant in the action is an infant.Legislature were importuned to adopt a rule that would start the time from the manifestation of the injury—i.e. Interrogatories are questions posed to the other spouse in writing that also must be answered in writing and under oath. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter that the lawyer reasonably believes is false. Corporation Counsel, New York, NY, for Defendants. Majauskas, 61 N.Y.2d 481). Embryos tend to erupt during divorce proceedings. High Court Summaries on Civil Procedure (Keyed to Friedenthal). Author: Staff, Publisher's Editorial.

Yonkers New York Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant

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