In a case where there is a pending court date for contempt of court that is eventually going to lead to a custody issue of a minor child under the age of seven. Can an attorney send to me a list of interrogatories that I must fill out and send back to him even before a court date for custody has been established. In short, at what point does (can) a list of interrogatories be sent to a defendant? Can it be done at anytime or is there a certain time to do it? Can the list be more than 30 questions or is it restricted to 30 questions only? Thanks
1 Answer from Attorneys
As a general rule, discovery can be propounded at any time after the action has been commenced unless and until the Court has fixed a deadline after which there can be no discovery. In family law matters, discovery is somewhat limited, however. Discovery on issues of alimony, child support and attorney's fees may be conducted, but only after the parties have exchanged financial statements. I have been before judges who have equated child support affidavits with "financial statements" for actions involving child support only. On any other issue, the party must request permission from the Court. Interrogatories are limited to 30 in number, but sub-parts within a particular Interrogatory are allowed within reason. If you have any specific questions, please do not hesitate to contact me.