Define: Interrogatories

The use of interrogatories in divorce and family law cases in Minnesota, would be considered "formal discovery."  Oftentimes the parties attempt informal discovery prior to resorting to such formal means of obtaining information from the other party.  When a party serves the other party with interrogatories, that party is simply requesting answers to several questions.  The party receiving the interrogatories (questions) must answer them under oath within 30 days of receiving them. The requesting party is limited to a total of 50 interrogatories, which would include any subparts to specific questions. The interrogatory questions must pertain to the divorce or family law proceeding that you are involved with. However, the standard is simply that the question must otherwise lead to discoverable evidence. Therefore, this is a low standard that would require you to answer most questions. You may object to answering the interrogatories if they are vague, overly broad or unduly burdensome.

Answering interrogatories should be done honestly and carefully. This is the case, because the other side will likely use these answers in court to prove or disprove any facts in dispute. Also, answers to interrogatories should be limited to just that: answering the interrogatory. If the question is poorly posed or written, you should not feel the need to further elaborate in your answer – unless it would otherwise help your position.

If you do not answer the interrogatories within the prescribed 30 days, the other side may pursue a motion to compel discovery. This involves the other side seeking a court order, ordering you to answer the interrogatories. If it comes to this, you would also likely be ordered to pay the other party’s attorneys fees that were necessarily incurred to pursue the motion to compel.

 Minnesota Divorce Lawyer and Advocate

The attorneys at Blahnik, Prchal & Stoll will utilize both formal and informal discovery methods in the divorce and family law cases depending on the circumstances of each case.