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#367170 - 03/18/08 10:33 PM Interrogatories received - help!
2Gr8Kdz84 Offline
newbie

Registered: 02/23/08
Posts: 37
Rec'd interrogs today. I have no problem answering any of the questions, per se, but do i really need to give the names of everyone i have been on a business trip with over the past 5 years?

How about this one: For each person with whom you have socialized with (sic) in the past 2 years, please state: name, address, their employer, place (motel, hotel?), name/address of each person having knowledge thereof. Come on! I have nothing to hide (i've never cheated on my wife, there is no OW, i'm not gay.) I do go on 3-4 business trips a year (never with only one person), so i'm looking at defining perhaps 20 of those. Not to mention, i probably can't honestly remember a bunch.

Questions:

Are these boilerplate?
Is her atty just fishing?
Is her atty just trying to drive me nuts?
How detailed/complete do i need to be?

As background: i rec'd TRO, she filed for bed/board, i countered for divorce, i have temp custody of our daughter, i have exclusive use of house.

There are similar financial questions going back 5 years (coincidentially, how long she has been not working and us living on my salary after her quitting her job)

I'm guessing it would take me at least 30-40 hours to produce all she is looking for. Is that reasonable?

I'm not Paul McCartney so looking for cancelled checks from 5 years ago seems a bit much.

Any insight would be appreciated.

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#367171 - 03/18/08 10:53 PM Re: Interrogatories received - help! [Re: 2Gr8Kdz84]
GrammaLatte Offline
enthusiast

Registered: 02/14/08
Posts: 307
Are these boilerplate?
Is her atty just fishing?
Is her atty just trying to drive me nuts?

Maybe. Maybe. Maybe. That's why it's called discovery.


"How detailed/complete do i need to be?"

Well, put it this way, legally, absolutely 100% detailed / complete.

Realistically? You need to turn on a couple of brain cells, here. What the other side "wants" to know, they may all ready know.

They may not know, but may be suspicious. They may not know, but may be able to produce evidence of same in the future.

They want names so they can ask even more questions of those people. Is there a realistic expectation that they may also use a private investigator for anything?

I couldn't advise anyone to withhold information or outright lie, if that's what they think is necessary.

It's kind of like when your attorney doesn't want to know if you did it, when he is defending you, ya know?

Give them everything they want, and tons more, when it doesn't matter. As to the rest? C. Y. A.
_________________________
Been there, done that, don't wanna do it again

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#367172 - 03/18/08 11:45 PM Re: Interrogatories received - help! [Re: GrammaLatte]
1984raider Offline
member

Registered: 08/13/07
Posts: 190
I have question about the privacy of the individuals he was working. Is there something to protect them from her shopping around for information that may or may not exist.

Fishing expedition?
_________________________
If they could have gotten along then they would not be divorced.

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#367173 - 03/19/08 01:52 AM Re: Interrogatories received - help! [Re: 2Gr8Kdz84]
PhoenixRising Offline
Carpal \'Tunnel

Registered: 01/05/07
Posts: 3681
Loc: New York
"I'm guessing it would take me at least 30-40 hours to produce all she is looking for. Is that reasonable?"

There is NO way, you can complete a "boiler plate" "discovery" and make copies of all those financial documents in 40hours!!!!

Overwhelming, ain't it????

Take a breath and then take another breath... This IS do-able...

Understand that this is one of the MOST important tasks that you will ever be asked to do. And treat it that way..

It sounds like your case will go to full litigation and if it does; what you do now will be your greatest defense and your greatest liability....

“I couldn't advise anyone to withhold information or outright lie.”
---- > Gramma is VERY correct.. The legal saying is “you get one bite at the apple”… You get one chance to show that you are an honest and forthright person…

Once you go to trial, they will hold this document up and say, “but isn’t it true you lie about that business trip, 4yrs ago… who knows what else you lied about”…


This is mostly boilerplate and no they are no “trying” to drive you crazy…

In my case, my ex didn’t just take ALL our personal files; he even took the filing cabinets.

I wanted to jump off a tall building.

You can write to all your financial institutions to get records. I told them, it was for a divorce; they usually understand that they can do it now OR later under suponea.. Everyone did it for me; free of charge.

BE CAREFUL on dates… I messed up a few dates in the oral interrogatories (they expect you to have memorized every detail of your life for the last 20yrs)… but as I was talking, I corrected myself at a later point…

At trial, the EX’s attorney grilled me on the mix-up of dates, inferring that I had something to hide…

PS: I would gladly take doing interrogatories on a daily basis over being cross-examined on the stand…..

This is serious business; you should take it very seriously…
_________________________
Be kind, for everyone you meet is fighting a hard battle. --Plato

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#367174 - 03/19/08 02:58 AM Re: Interrogatories received - help! [Re: 1984raider]
Pops_IL_CP_Dad Offline
addict

Registered: 02/02/08
Posts: 406
Loc: Illinois
Anyone can be subpoenaed for a deposition and / or to testify in court. If they throw out enough bait, they might catch something. People have a tendency to talk too much when they don't realize who they are talking to.
_________________________
Focus on what is legally relevant, not morally indignant or petty.

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#367175 - 03/19/08 03:57 AM Re: Interrogatories received - help! [Re: 2Gr8Kdz84]
Maury Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 8182
Loc: This Asylum --->
It depends on why they are seeking what they are seeking. I would object to the requests as overbroad, irrelevant, over burdensome and unlikely to lead to admissible evidence and have the submitting party explain why they are relevant.

Those requests are not boilerplate.

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#367176 - 03/19/08 04:05 AM Re: Interrogatories received - help! [Re: Pops_IL_CP_Dad]
DeeCee Offline
addict

Registered: 10/08/07
Posts: 420
My husband has been hit with the discovery process..please PLEASE let him have to be going through the very same thing...He's got a business and he's got OW on the outside..during our preliminary conference his attorney attempted to get the discovery dismissed..The judge said NO.
Last week the DA had the nerve to ask me if I knew where his important bank statements were he had in our file cabinets...Oh please...
How would I know anything..I'm just the dim wit of a wife.
I ignored him.
Then he got really flustered and said..I'll get in big trouble if I don't return his papers. I told him for all we know..he could have moved his papers from home...what a cry baby.

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#367177 - 03/19/08 04:29 AM Re: Interrogatories received - help! [Re: DeeCee]
Maury Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 8182
Loc: This Asylum --->
Your response sounds as if information is being hidden. Not a real grat impression to leave really. Nonetheless, since the DA is involved, I assume it is child suport related which makes depositions and more rigorous discovery less likely. Private attorneys are much more likely to be overborad and throw everything at the wall to see what sticks.

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#367178 - 03/19/08 05:37 AM Re: Interrogatories received - help! [Re: Maury]
DeeCee Offline
addict

Registered: 10/08/07
Posts: 420
why attempt to hide money...or papers..if the money and assets were aquired during the marriage..what is the point of hiding it. where is anyone's integrity for keeping hidden accounts and $$. if there were money the spouse had prior
that would easy to prove so why hide and think a trail won't be discovered.

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#367179 - 03/19/08 08:18 PM Re: Interrogatories received - help! [Re: DeeCee]
2Gr8Kdz84 Offline
newbie

Registered: 02/23/08
Posts: 37
Thanks for the feedback. Phoenix - i said 40 because i didn't want to appear exaggerating - i guess it's comforting knowing my first instinct was right and it will be well in excess of that! <img src="/ubbthreads/images/graemlins/frown.gif" alt="" />

As i indicated i have nothing to hide, so if this is what it takes, so be it.

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#367180 - 03/19/08 10:23 PM It kind of depends upon the type of action [Re: 2Gr8Kdz84]
Melody Offline
Carpal \'Tunnel

Registered: 06/03/04
Posts: 10102
Loc: California
that the case is about. If your case is child support related, then I would simply object to any of the questions that does not relate directly to income. Then, if the other attorney wants to make a case for why he needs this information, he can explain it to the judge, who would either agree with him and order you to comply....or he would disagree and order that the particular request be deleted.

If the case is to establish custody or parenting time, it's quite possible that your associations might be part of the case to determine if the children would be well cared for, safe, protected, etc. It might seem overly invasive, but I could see how the information could be viewed as necessary to their case....depending upon the direction they were going with it.

Some of the discovery questions are inflammatory and may be put forth only as a means of annoying you. The deal is, you are NOT obligated to comply with any of them. However, your objection to each must be specifically stated and a reasonable argument. You can't just say "because I don't wanna". You have to basically argue

30-40 hours sounds about right. I know I spent more than that compiling what my ex's attorney demanded. I am grateful that my ex's attorney then billed him thousands of dollars for reviewing all of the crap that she requested that was really unnecessary and irrelevant to the outcome of the case. In return, my ex was given a set of interrogatories that mirrored what his attorney sent to me. My ex did not have an attorney who allowed him to do any of his own work on his case, and thus my ex had to produce all the documents and then his attorney charged him to review them, organize them, photocopy them, cross-reference them, place them into binders, categorize them, spreadsheet them, etc. It was fun.

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