Divorce Discovery Interrogatory Question Limit in Minnesota?
My wifes lawyer sent me a letter with their offer to settle our divorce case and if I do not accept their terms I will need to fill out 234 interrogatory questions, and each question has 5 seperate questions to answer.
He even wrote to me that he is instructed to go "Balls to the wall on me". I am assuming he means make my life miserable during the divorce process.
Is there a limit as to how many questions they can ask at one time? And do I need to turn these he answers in to the court or just my wifes lawyer? Our next court date is January 18th.
And Yes I did have a lawyer but fired her since I feel she was dragging my divorce out too long arguing too much with my wifes lawyer over nothing. Its been going on since 7-21-10 and I have been paying my lawyer every month since, and now I am too far behind on my legal fees to hire a new lawyer, so I am going about this on my own for now untill I can pay off my current lawyer.
thanks for any help on this mess.
1 Answer from Attorneys
Minnesota Rules of Civil Procedure, Rule 33 provides, in pertinent part, that:
(a) Any party may serve written interrogatories upon any other party. Interrogatories may, without leave of court, be served upon any party after service of the summons and complaint. No party may serve more than a total of 50 interrogatories upon any other party unless permitted to do so by the court upon motion, notice and a showing of good cause. In computing the total number of interrogatories each subdivision of separate questions shall be counted as an interrogatory.
(b) The party upon whom the interrogatories have been served shall serve separate written answers or objections to each interrogatory within 30 days after service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of summons and complaint upon that defendant. The court, on motion and notice and for good cause shown, may enlarge or shorten the time.
(c) Objections shall state with particularity the grounds for the objection and may be served either as a part of the document containing the answers or separately. The party submitting the interrogatories may move for an order under Rule 37.01 with respect to any objection to or other failure to answer an interrogatory. Answers to interrogatories to which objection has been made shall be deferred until the objections are determined.
(d) Answers to interrogatories shall be stated fully in writing and shall be signed under oath by the party served or, if the party served is the state, a corporation, a partnership, or an association, by any officer or managing agent, who shall furnish such information as is available. A party shall restate the interrogatory being answered immediately preceding the answer to that interrogatory.
Without leave of court or written stipulation, any party may serve upon any other party written interrogatories, not exceeding 50 in number including all discrete subparts, to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Leave to serve additional interrogatories shall be granted to the extent consistent with the principles of Rule 26.02(a).
(Amended effective January 1, 1997.)
In other words, cite the rule when you send an objection to opposing counsel and ask them which fifty (50) interrogatories they would like you to answer and, if you receive no response, you will respond to the first fifty.
You should hire legal counsel.
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