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Interrogatories

Interrogatories are one of several methods of discovery available to litigants in domestic relations proceedings in Florida. Interrogatories are especially important and useful as they require the responding party to answer a set of written questions prepared by the requesting party fully and under oath. Interrogatives are meant to supplement the information provided in the Financial Affidavit. On the initial interrogatory form, a party may request the other party answer seven (7) designated questions and subparts regarding background information, education, employment, assets, liabilities, and other miscellaneous information. In addition to the standard questions in the interrogatory form, you may ask up to ten (10) additional questions, including subparts, to the other party. If a party wishes to ask more than 10 additional questions, you must get permission from the court. Fla. Fam. Law R. Proc. 12.340.

Interrogatories require the responding party to answer a set of written questions prepared by the requesting party fully and under oath.

Can a Party object to a Question in the Interrogatory?

Yes. You may object to a question by writing the legal objection in the space provided. Additionally, you may ask the court for a protective order for permission not answer the question if the question may lead to undue annoyance, embarrassment, apprehension, undue burden or expense. However, if you fail to either answer or object to the questions within 30 days, you may be subject to court sanctions.

What is the Procedure for using Interrogatories?

Interrogatories may be served upon the plaintiff after the commencement of the case, and can be served upon the defendant with or after service of the summons and complaint on the defendant. As a general rule, a party has within 30 days after service of interrogatories, to answer the questions in writing and serve the other spouse with the answers. Responses shall not be filed with the court unless they are admitted into evidence by the court.

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