Paralegals and Family Law Discovery

Paralegals may often be asked to assist the attorney in drafting and answering Interrogatories. The following article will give you the nuts and bolts of how this mechanism of discovery works.

Perhaps one of the most important discovery mechanisms in family law is the use of Interrogatories. Interrogatories are written questions which must be answered in writing under oath. Interrogatories should be drafted to give the interrogator fodder for the questions that will be asked in deposition. The Interrogatories give the framework for the deeper exploration of issues that depositions provide.

Remember that every jurisdiction has specific rules on how many questions may be asked and how the answers must be provided. In DC, you are permitted to ask 40 questions. It is best to start with 30 and keep 10 in reserve as supplemental, in case you need them later. You may serve Production of Documents requests with your Interrogatories and generally, unlike Interrogatories, there is no limit on the amount of requests for documents you may make. Make your Production of Documents requests mirror the Interrogatory questions.

DC and MD, litigants do not file written discovery with the Court. Serve the discovery on the party by certified mail and file a Certificate Regarding Discovery with the clerk.

You may respond to defendant’s refusal to answer discovery with a Motion to Compel Discovery. You will find the particulars is DC Dom. Rel. Rule 37. Remember that before filing that motion to compel, that the party filing the motion must certify that they made a good faith effort to resolve the issue with opposing counsel prior to asking that the court take action. In some cases, the court may award sanctions for discovery infractions. The sanctions may run the ganut, from financial (fees and costs) to contempt of court. If the opposing party prevails, they may get a full or partial protective order. Keep in mind that sanctions are imposed according to what the judge finds is just.

If a party is served with discovery and the party finds there is a need to refrain from answering a particular question, the party may object. One of the most common objections to an Interrogatory question goes like this:

OBJECTION. Interrogatory seeks information not relevant to this matter, information not reasonably calculated to lead to the discovery of admissible evidence, and information protected by physician-patient confidentiality.

There are other rules for objections, and you will find then in Dom Rel 33, which states how to object and Dom Rel & 26, which covers the scope of discovery. A party may object to an Interrogatory that is unduly burdensome.

*George "G" Petersen is a graduate of the PJA School Paralegal Program, Upper Darby, Pennsylvania, where he earned his Certificate in Paralegal Studies in 1995. "G's" years of prior experience in the medical field as a hospital technician, and as an Emergency Medical Services worker, are a valuable asset to his knowledge in medical malpractice and personal injury practice areas. From 1995-2001, he served as a paralegal, investigator, information technology specialist, and computer network administrator for the prestigious Washington DC law firm of Spirer & Goldberg, P.C., prior to embarking on his career as an independent paralegal (visit George's web site).