Interrogatories

CropCircle77 · 2024-10-03T09:13:59+00:00

What kind of software? Linux. Next question. 😁

Vollen595 · 2024-10-03T04:25:14+00:00

I would answer every question with ‘I am exercising my Fifth Amendment rights and you will receive answers through an attorney at a later date if so advised. 68 questions, maybe go to Office Depot and just get an ink stamp made.

NotUsedUsernameYet · 2024-10-03T03:52:40+00:00

Discuss with attorney. They may be able to respond by saying that question isn’t in scope of lawsuit or something like that.

Reason she asks about where you store files is because she doesn’t want you to come up with some new evidence in the middle of the trial. For example, you’d want to show some photo. You will be asked where this photo was. You will say on USB drive (for example) and her attorney will say “no, you previously said that all your files are on hard drive. You can’t show any computer evidence not from hard drive anymore”

IANAL

warwww · 2024-10-03T03:20:57+00:00

One of mines was: “Can you speak on the plaintiffs personality type?”

My reply: “It has been two years since separation I have very little memory of the plaintiff or their personality type”

It was the truth, I haven’t spoken a complete sentence to this person in what’s going on three years soon. 🤷‍♂️

Objective_Problem_90 · 2024-10-03T02:44:21+00:00

Sounds to me just another way to run up the lawyer costs.

Slowloris81 · 2024-10-03T02:26:32+00:00

It’s a discovery device distinct from a deposition. It’s probably just a stock form your ex’s attorney’s firm uses. You need to answer them honestly unless your lawyer tells you a question is out of bounds, in which case the lawyer will object or seek to limit its scope. But absent that guidance, you need to answer each one.

It’s quite standard and can as a practical matter moot the need for a deposition (though no guarantee) if you provide the information they’re looking for.

The questions about computer use are standard in litigation to determine where you may have discoverable electronic communications or files and whether anything may have been deleted (which could lead to a claim for spoliation).

FUMoney · 2024-10-03T01:47:00+00:00

First, you need to look at your state or jurisdiction civil procedure rules. Look at the rules concerning interrogatories in particular, or discovery in general. In many jurisdictions, there are specific limits to the number of interrogatories one party can propound.

For example, here is the limitation in federal court (not state, this won't apply to you):

Rule 33

(1) Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(1) and (2).

So you must find out the governing rules, and fully research the limitations. Nor can a party get around the limitation by having multiple "subpart" questions while facially limiting the number to 25.

Second, 68 pages of interrogatories is beyond absurd. You yourself, or your lawyer, need to start copying and pasting the "standard objections" to all these interrogaotires. Some that will apply include "irrelevant and/or will not lead to discoverable evidence," "unduly burdensome," "unreasonably repetitive," and "seeks to elicit information equally available to the opposing party." Others include "designed to annoy and harass."

Do NOT miss your response deadline. But you DO need to file timely objections to each and every one. And that's what any lawyer would do: come up with a SINGLE blanket objection listing all the standard objections. Then cut and paste it into EVERY single question, including subparts. And then you timely serve this blanket omnibus objection to every single interrogatory on the other side.

This way, you "preserve" your objections, you have "timely responded," and you can then further move to strike the interrogatories, seek a protective order, move to strike because of a violation of the discovery rules, etc.

Any lawyer will know how to respond to vexatious -- and in this case, patently absurd -- discovery requests and shut it down. Proceed accordingly.

ageoffri · 2024-10-03T01:24:10+00:00

68 pages is insane. I think we’ve done about 6-10 pages.

Lumptbuttcat · 2024-10-03T01:01:46+00:00

You need to answer them. Key is “to the best of your knowledge”

Types of software- “MS Office, browsers, business specific”.

Where do you store your computer files “the computer’s hard drive”

Mine wasn’t 68 pages, but my answers didn’t exceed 10 words on each……….

Beamformer · 2024-10-03T00:55:07+00:00

It's a discovery process and ypu are also allowed to send your own list of questions/requests. Your lawyer should be on it, unless he's a lazy sob like mine was. It goes on until some specific number of questions are reached or the questioner is satisfied. It was nothing but an attempt at slander and dig at random accusations by my ex. For example it was no longer that she had forgotten her gmail login, but I must have hacked her account...lol. Sounds like they are using it as a scare tactic dumping that much.

Longjumping-Cup-4018 · 2024-10-03T00:53:48+00:00

I don't think so, those are non-finance questions and not related to the divorce or children (if you have). I believe she needs to apply for warrants with ground that you did something illegal(possessing child pornography or something).

Title	Interrogatories
Author	These_Row6066
Upvotes	7
Comments	30
Date	October 3, 2024 12:42 AM UTC (1 year ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1fuvku7/interrogatories/
Archive Link	https://theredarchive.com/r/Divorce_Men/interrogatories.1531914 https://theredarchive.com/post/1531914

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