Interrogatories
These are called special interrogatories. When I need to know some answers, for example, how many bank accounts the other party has or if a party tried to set aside a prenuptial agreement in the past, then I would like to know more details. From hare, I send special interrogatories and ask questions. One question could be the date of separation, I would ask, “What do you think is the date of separation?” And the other party must answer accordingly.
Request for documents
When the other side is not disclosing the documents needed to determine the scope of community property, I send a list to them requesting the documents that I need. An example of what I might request could be bank statements for the time period of the last three to five years. If the other side owns a business and claims confidentiality, then we sign a protective order to keep these records confidential and not disclose them outside of the court. Then, when we file something, it will be under seal.
Request for admission
A request for admission is not very common, but it exists. It's yes or no question. Depending on the answer, it can be used in court, in trial, or in a hearing to challenge an opposite testimony presented by the other side that emerges later on.
Deposition
A deposition includes inviting the opposing side into my office with their counsel so that I can ask all important questions that I need to know. These questions could include whether the other party is hiding assets outside of California, outside of the US, and if they tried to set a prenuptial agreement or enforce a prenuptial agreement. These questions would be tough to answer using only special interrogatories because it only allows for one question and has limited opportunities for follow ups. Deposition is an important tool, especially for impeachment purposes. This is so because when we have a trial, as time goes on the other side might forget what they said, and they can then be challenged to discredit their credibility. Doing so is a very significant tool.
Subpoenas
Subpoenas are forms that we send to, let's say, institution or banks, to get all the records we need. Sometimes when we send a document, we get something back that is insufficient. For example, some bank accounts we needed might be missing, some bank statements are missing, etc. Banks have to disclose all the parties’ accounts which sometimes arrive in a very nice USB, and downloadable to computer easily. The exception to this is if the other side objects, however, they're not supposed to do so because they have to disclose the accounts in the first place.’
Share this Post