Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant
Note: This summary is not intended to be an all inclusive
summary of discovery law in Rhode Island, but does include basic and other
information.
Definitions
Discovery:
A procedure designed to allow disclosure
of information between Plaintiffs and Defendants. Written questions,
oral questioning, document production and admissions requests are generally
allowed. Discovery was designed to to prevent trial by ambush.
Interrogatories:
Written questions from Plaintiff to Defendant, or from Defendant to Plaintiff. The questions are mailed
to the Plaintiff, Defendant or the attorney for response in writing.
The answers or responses are usually due between 20-30 days.
Deposition:
A procedure where verbal questions are
asked a Plaintiff or Defendant for immediate response. Depositions
are usually recorded by a court reporter, who swears the person to tell
the truth before questioning begins.
Production of Documents:
The method of obtaining documents
from the other party relevant to the case such as all documents a party
intends to introduce at trial.
Requests for Admissions:
Written questions where you request the other party to admit or deny some relevant fact.
Objections:
Objections may be made to all discovery
questions if the questions are not relevant, or likely to lead to the discovery
of relevant evidence.
Civil Procedure Rules:
Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.
Rhode Island Rules of Procedure for Domestic
Relations
Rhode Island has adopted the Rules of Procedure for Domestic Relations
for the Family Court of Rhode Island. The discovery provisions for domestic
relations are contained in the rules. The rules also apply in divorce
actions.
Scope of Rules:
These rules govern procedure in the Family Court of Rhode Island in all civil proceedings. Rule 1
Depositions:
The perpetuation of testimony regarding
any matter which may be cognizable in this court shall be in accordance
with the statutes of Rhode Island. Rule 27
Persons Before Whom Depositions May Be Taken:
Within the state, depositions shall be taken before an officer authorized to
administer oaths by the law of the state or before a person appointed by
the court. Rule 28(a)
Within another state, or within a territory subject to the dominion
of the United States, or in a foreign country, depositions may be taken
on notice before a person authorized to administer oaths in the place in
which the examination is held, or before a person commissioned by the court,
or pursuant to a letter rogatory. Rule 28(b)
Stipulations:
Unless the court orders otherwise, the parties may by written stipulation provide that depositions be taken at
any time, any place, and upon any notice. Rule 29
Interrogatories:
Any party may serve upon another party written interrogatories to be answered by the party served. A party
shall not serve no more than one set of interrogatories upon an adverse
party and the total number of interrogatories shall not exceed thirty unless
the court orders otherwise. Rule 33
Production:
Any party may serve upon another party a request
to produce certain documents, not privileged, to be inspected and copied.
Rule 34
Physical and Mental Examination of Persons:
When the mental or physical condition of a party, is in controversy, the court in
which the action is pending may order the party to submit to a physical
or mental examination by a physician or to produce for examination the
person in his custody or control. Rule 35
Request for Admissions:
After the initiation of an action a party may serve upon any other party a written request for the
admission by the latter of the genuineness of any relevant documents described
in and exhibited with the request or of the truth of any relevant matters
of fact set forth in the request. Rule 36
Compel Discovery:
A party, upon reasonable notice to the other parties may apply for an order compelling discovery. If a party
refuses to allow inspection or fails to answer a question, the discovering
party may move for an order compelling an answer. Rule 37
Domestic Actions Discovery Notes
If you require extra time to respond to discovery, you should ask
the other side for an extension in writing. It may also be necessary
to enter an order granting the extension to protect your rights.
Discovery questions are limited in number so select the most important
questions to ask the other side. Don't waste your requests writing
questions that you already know the answer to.
