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Nebraska Discovery Interrogatories for Divorce Proceeding for either...

Nebraska Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant

Name: Nebraska Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.68 (320 reviews)

Category:

Family Law - Divorce - Discovery - Interrogatories

State:

Nebraska

Control #:

NE-021B-D

Format:

Instant download

Description

This is a sample form of interrogatories for the Plaintiff in a Divorce action to ask the Defendant. It also includes a request for production of documents. You should only use this form as a guide and delete questions not relevant to your case, as well as add questions you or your client want to ask the Defendant based upon the facts of your case. This form includes the Notice of Service of Interrogatories for filing with the court.

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FAQ

The purpose of interrogatories is to learn a great deal of general information about a party in a lawsuit. For example, the defendant in a personal injury lawsuit about a car accident might send you interrogatories asking you to disclose things like: Where you live.

Written questions called interrogatories or requests for admission. Using these discovery tools, your spouse must answer questions in writing, or admit specific statements that you believe are true. Inspection demands. You can ask to inspect property like a safe deposit box or wine collection.

Request for Production of Documents: You can ask the plaintiff to produce documents that prove what they are claiming: like bills, their ledger and contract with you. Request for Interrogatories: You can ask the plaintiff to answer questions in writing about your case and the debt, like.

You can certainly make discovery requests that go further back than three years, especially if you have good cause to make such requests. There is nothing that prohibits you from making the request.

Interrogatories are part of the discovery process of divorce. They allow you and your soon-to-be/already ex spouse to ask questions that must be responded to in writing under oath. These answer are then used to determine facts in the case, as well as to question each side if/when the case goes to trial.

The type of discovery include: Interrogatorieswhich are written questions that must be answered under oath. Requests for production of documentsasking that certain documents be provided by you or your spouse. Requests for admissionsasking that certain facts be admitted or denied.

So, can you refuse to answer interrogatories? The answer is, no, you may not.That answer must either permit inspection of the requested information or object to the production of the information for a specific reason.

To sanction a party failing to comply with discovery, the court can order attorney's fees, or they can order the fact you are seeking to establish as having been established for purposes of your case, because the other side will not respond to the discovery on this issue.

What is the discovery phase of a divorce? By definition, discovery is part of the pre-trial phase of a divorce in which each side obtains evidence and information from the other side.Discovery can include interrogatories, requests for production of documents, requests for admissions, depositions and subpoenas.

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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 Nebraska, but does include basic and other information.

Definitions

Discovery:

Discovery is 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.

Nebraska Rules of Discovery

The Nebraska rules of discovery are contained in the official Nebraska Supreme Court Rules. The discovery rules also apply in divorce actions.

Discovery Methods:

Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions, written interrogatories, production or inspection of documents or other tangible things or permission to enter upon land or other property, mental or physical examinations, and requests for admission of facts and genuineness of documents. Rule 26(a)

Scope of Discovery:

Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. Rule 26(b)

Experts:

A party may through interrogatories require any other party to identify each person whom the other party expects to call as an expert witness at trial, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. 26(b)(4)

Sequence and Timing of Discovery:

Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery. Rule 26(d)

Supplementation of Responses:

A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement his response to information acquired, except as follows: the party is under a duty seasonably to supplement his response with respect to a question concerning the identity and location of persons having knowledge of discoverable matters and the identity of each person expected to be called as an expert witness at trial. A party is also under a duty to amend a prior response if the party knows the response was incorrect when made or he knows the response though correct when made is no longer true. Rule 26(e)

Depositions:

Before Whom Depositions May Be Taken:

Within this state depositions may be taken before a judge or clerk of the Supreme Court or district court, a county judge, clerk magistrate, notary public, or any person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony. Rule 28(a)

Within other states of the United States or within a territory or insular possession subject to the jurisdiction of the United States depositions may be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony. Rule 28(b)

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(c)

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. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. 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

Requests for Admissions

A party may serve upon any other party a written request for the admission, of the truth of any matters within the scope of Rule 26(b) set forth in the request, including the genuineness of any documents described 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 propounded or submitted under Rule 30 or Rule 31, 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.

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 Nebraska, but does include basic and other information.

Definitions

Discovery:

Interrogatories:

Deposition:

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.

Nebraska Rules of Discovery

The Nebraska rules of discovery are contained in the official Nebraska Supreme Court Rules. The discovery rules also apply in divorce actions.

Discovery Methods:

Scope of Discovery:

Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:

Experts:

Sequence and Timing of Discovery:

Supplementation of Responses:

Depositions:

Before Whom Depositions May Be Taken:

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

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

Requests for Admissions

Compel Discovery

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.

Nebraska Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant

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How to fill out Nebraska Discovery Interrogatories For Divorce Proceeding For Either Plaintiff Or Defendant?

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What should I ask for in a divorce discovery?

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How far back does Discovery go in a divorce?

What is the purpose of interrogatories in a divorce case?

What are discovery questions in a divorce?

Can you refuse to answer interrogatories?

What happens if you don't comply with discovery?

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