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Difference between revisions of "Discovery and Disclosure in Family Law"
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Discovery and Disclosure in Family Law (view source)
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Interrogatories are a form of written questions posed by one party to the other party in an effort to obtain information without the fullness and formality of an examination for discovery. As interrogatories can only be used with the consent of the other party or by court order (see Rule 9-3(1) of the Supreme Court Family Rules), they tend to be used less frequently than other manners of discovery but can be useful to obtain specific information or details such as dates or the sequence of events, account numbers or other particulars, information about a corporation or a business, and the like. | Interrogatories are a form of written questions posed by one party to the other party in an effort to obtain information without the fullness and formality of an examination for discovery. As interrogatories can only be used with the consent of the other party or by court order (see Rule 9-3(1) of the Supreme Court Family Rules), they tend to be used less frequently than other manners of discovery but can be useful to obtain specific information or details such as dates or the sequence of events, account numbers or other particulars, information about a corporation or a business, and the like. | ||
Interrogatories are to be prepared in Form F22 of the Supreme Court Family Rules. If the court orders the interrogatories be answered or the other party simply agrees to answer them, then the other party has 21 days to deliver their reply to interrogatories (see Rule 9-3(4) of the Supreme Court Family Rules) and the reply must be in the form of an affidavit | Interrogatories are to be prepared in Form F22 of the Supreme Court Family Rules. If the court orders the interrogatories be answered or the other party simply agrees to answer them, then the other party has 21 days to deliver their reply to interrogatories (see Rule 9-3(4) of the Supreme Court Family Rules) and the reply must be in the form of an affidavit. As a result, the party answering the interrogatories is swearing (or affirming) to the truth of the answers and will need to see a lawyer, a notary public or a court registry clerk. Interrogatories and replies to interrogatories are not filed with the court. | ||
A party answering interrogatories may object to one or more interrogatories on the basis of privilege or on the grounds that it does not relate to a matter at issue in the court proceeding (see Rule 9-3(6) of the Supreme Court Family Rules). In such circumstances, the responding party should indicate in the responding affidavit that the party objects to a specific interrogatory and the basis for the objection. The responding party may also apply to the court to strike out the interrogatory if he/she objects to it on the grounds that it will not further the object of the Supreme Court Family Rules. When making its decision, the court must consider any offer made by the party to make the admissions sought, to produce documents or to give oral discovery. | A party answering interrogatories may object to one or more interrogatories on the basis of privilege or on the grounds that it does not relate to a matter at issue in the court proceeding (see Rule 9-3(6) of the Supreme Court Family Rules). In such circumstances, the responding party should indicate in the responding affidavit that the party objects to a specific interrogatory and the basis for the objection. The responding party may also apply to the court to strike out the interrogatory if he/she objects to it on the grounds that it will not further the object of the Supreme Court Family Rules. When making its decision, the court must consider any offer made by the party to make the admissions sought, to produce documents or to give oral discovery. | ||
If a court application is made to compel one party to answer interrogatories, the court may set conditions such as the number or length of interrogatories or the issues or topics the interrogatories may cover (see Rule 9-3(3) of the Supreme Court Family Rules. | If a court application is made to compel one party to answer interrogatories, the court may set conditions such as the number or length of interrogatories or the issues or topics the interrogatories may cover (see Rule 9-3(3) of the Supreme Court Family Rules. | ||
=== Pre-trial Examination of Witnesses === | === Pre-trial Examination of Witnesses === | ||
