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Nebraska Discovery Interrogatories for Divorce Proceeding for either...

Omaha Nebraska Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant

Category:

Family Law - Divorce - Discovery - Interrogatories

State:

Nebraska

City:

Omaha

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

Interrogatories are to be raised at a pre-trial stage and must have a close connection with the matter in question, whereas cross examinations have a wider scope of questions that can be asked.

Rule 34 of the Federal Rules of Civil Procedure provides for discovery and inspection of documents and things in the course of developing a case for trial. Subsection (b)(1)(A) states that the request must ?describe with reasonable particularity each item or category of items to be inspected.? See Fed. R. Civ.

Interrogatories are a discovery tool that the parties can use to have specific questions about a case answered before trial. Interrogatories are lists of questions sent to the other party that s/he must respond to in writing.

Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time.

During discovery, the parties request and exchange information and documents. Interrogatories and depositions form the bulk of the discovery process. Unlike many legal documents, interrogatories do not need to be filed with the court. They're sent back and forth from one party to another.

There are basically six types of discovery in family court: 1) interrogatories; 2) requests for production of documents and inspection 3) requests for admissions; 4) depositions; 5) subpoenas duces tecum; 6) physical and mental examinations.

Interrogatories may be administered by one party to a suit to the other party. Thus, a plaintiff may administer interrogatories to a defendant. Likewise, a defendant may administer interrogatories to a plaintiff1.

Unless otherwise permitted by the court for good cause shown, no party shall serve upon any other party more than fifty interrogatories.

Discovery is the legal process that lets each side of a lawsuit ask the other side for information that is related to the case. During discovery, both parties must show the other side evidence they plan to use during trial.

Whereas depositions are useful for obtaining candid responses from a party and answers not prepared in advance, interrogatories are designed to obtain accurate information about specific topics. Interrogatories can be quicker, less costly, and less complicated than depositions, but there are downsides.

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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.

Omaha Nebraska Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant

Description

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

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FAQ

At what stage interrogatories can be filed?

What is Rule 34 of the Federal Rules of Civil Procedure?

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What is the Rule 32?

What is the difference between discovery and interrogatories?

What are the five most important forms of discovery?

Who may administer interrogatories?

How many interrogatories are there in Nebraska?

What is considered a discovery?

What is the difference between a deposition and interrogatories?

Interesting Questions

What is the purpose of Omaha Discovery Interrogatories in a divorce proceeding?

Who can use Omaha Discovery Interrogatories?

What kind of information can be requested through Omaha Discovery Interrogatories?

How many interrogatories can be asked using Omaha Discovery?

Can I object to answering an Omaha Discovery Interrogatory?

What happens if a party fails to respond to an Omaha Discovery Interrogatory?

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Omaha Nebraska Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant

Description

Related forms

Viewed forms

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

Form popularity

FAQ

At what stage interrogatories can be filed?

What is Rule 34 of the Federal Rules of Civil Procedure?

What's the purpose of interrogatories?

What is the Rule 32?

What is the difference between discovery and interrogatories?

What are the five most important forms of discovery?

Who may administer interrogatories?

How many interrogatories are there in Nebraska?

What is considered a discovery?

What is the difference between a deposition and interrogatories?