Interrogatories

 “Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or a governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party; provided, however, that no party may serve interrogatories containing more than 50 interrogatories, including subparts, upon any other party without leave of court upon a showing of complex litigation or undue hardship incurred if such additional interrogatories are not permitted.” O.C.G.A. 9-11-30(a)(1).

How are Interrogatories different than other Discovery?

Interrogatories are similar to Request for Production because of the request for similar information. For example, both of them may ask for bank accounts. The Request for Production is asking for bank account statements and the Interrogatories ask for the individual to list the bank accounts, account numbers, and other various information. Each Interrogatory is answered under oath and responses will be in a written format. Similar to Request for Production an individual will have 30 to 45 days to turn over their answers to the opposing party depending on when they are served the Interrogatories. 

What do Interrogatories ask for?

Interrogatories will ask for similar topics to those listed in our Discovery Overview Article. Many clients are surprised at the complexity of the questions that are asked. Interrogatories are not just simple questions and answers. There primary purpose like the other components of Discovery is to gather evidence. Therefore, the questions contained in Interrogatories are broad, complex, and normally contain many subparts. However, as Georgia law states above the requesting party is limited to 50 Interrogatories including their subparts.

Can Interrogatories be used at a trial or hearing?

Yes. According to Georgia law Interrogatories may relate to any matters which can be inquired into under subsection (b) of Code Section 9-11-26, and the answers may be used to the extent permitted by the rules of evidence. O.C.G.A. 9-11-33 (b)(3). 

How do I respond to Interrogatories?

While the client will respond in their own words, the attorney will take those responses and “fix them up” before they get sent over to the opposing party. Further, when you receive the final draft of those responses you will notice there will be objections. Objections are allowed to Interrogatories based on certain circumstances as if the information is protected by the attorney-client privilege. It is important to have an experienced Family Law attorney on your side when going through this process to smartly and adequately answer the Interrogatories. An attorney can also draft the appropriate Interrogatories to send to the opposing party that have questions that are tailored to your specific case. Contact our Marietta divorce lawyers online, or call us toll-free at 866-527-2630 to schedule a consultation to discuss your situation.