Seeking Information In Family Law Cases: Family Law Form Interrogatories

 In Family Law

When potential clients enter our office, they are often unsure of the extent of their marital assets and liabilities, and those of their spouse’s. In the alternative, a client may feel very sure regarding the items they wish to prove to a Judge, but they do not yet have the information in hand. Many times, the information is not found in either parties’ Declarations of Disclosure, previously discussed here. What should you do if you need information?

A variety of tools and mechanisms exist to gather evidence in a family law case. These tools, and this process, are known as Discovery. In previous blogs, we discussed Requests for Admissions, Subpoenas for Production of Documents, and Depositions, and we will continue to discuss discovery the variety of discovery tools in these articles. Another such tool is known as the “Family Law Form Interrogatories.” 

What are Family Law Form Interrogatories?

Family Law Form Interrogatories are a pre-established set of questions and demands for information established the Judicial Council. These are found in the Judicial Council form FL-145. You have the option of checking all or a subset of questions/demands on the FL-145 prior to serving the form on the opposing party in a family law case. 

As with all forms of discovery, these pre-established demands are designed to gather facts and evidence to help you evaluate your case in preparation for trial or settlement discussions. The responding party will provide their written responses to these demands under oath.  

Usefulness of Family Law Form Interrogatories?

The Family Law Form Interrogatories provide a quick and efficient means to request a variety of relevant information in a divorce and/or child custody proceeding. 

Because the demands are pre-established, you are limited in what you can request with this discovery tool. You cannot customize the standardized form and the form may not have questions or demands to target your specific discovery needs. 

The greatest benefit is the ease of use of the forms and the time saved in preparing discovery questions and demands. The form interrogatory is often used to obtain supplemental information after determining more information is required once a party’s declaration of disclosure has been reviewed.

Depending on the context of a case, you may wait for responses to form interrogatories to strategize whether you should utilize other discovery tools, such as Requests for Admissions, Demands for Documents, Subpoenas, and Depositions, among others. You might use them simultaneously with other forms of discovery as well depending on the information you already have in your possession. Your attorney will assist with case strategy to maximize time, stress, financial concerns, and how best to develop your case and support your positions.

 

It is important to know your rights, responsibilities, and options regarding the dissolution, child custody process, and/or domestic violence proceedings. Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us.

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