Interrogatories

Interrogatories are one of several methods of discovery available to litigants in domestic relations proceedings in Georgia. Interrogatories are especially important and useful as they require the responding party to answer a set of questions prepared by the requesting party fully and under oath. In some Georgia counties, including Fulton County, parties are required to prepare and submit responses to interrogatories that are a part of county mandated discovery at the outset of litigation. Speak with a Georgia divorce attorney to learn if mandatory discovery is applicable in your case.

Why Use Interrogatories?

The purpose of Interrogatories is multifold. Firstly, Interrogatories serve as a tool for gathering information. In the complex web of divorce or domestic cases, where emotions often run high, having a structured format for obtaining crucial details can streamline the process and ensure transparency. Secondly, Interrogatories help both parties understand the strengths and weaknesses of their respective positions, facilitating informed decision-making regarding settlement negotiations or trial strategies. Lastly, Interrogatories can aid in expediting the legal proceedings by narrowing down the contentious issues, potentially leading to a quicker resolution.

Interrogatories are a set of questions that are required to be answered completely and truthfully.

According to Georgia law, interrogatories may be served upon the plaintiff after the commencement of the case, and may be served upon the defendant with or after service of the summons and complaint on the defendant. The number of interrogatories that may be served upon a party is limited. Currently, only fifty (50), including subparts, may be served upon any party unless the requesting party shows the court that the litigation is complex or that the requesting party would be unduly burdened if not allowed to submit more. O.C.G.A. § 9-11-33 (a)(1).

Once served with a set of interrogatories, a party generally has 30 days in which to respond, subject to a few exceptions. If the receiving party believes that certain interrogatories are improper, are outside the scope of litigation or are in excess of the 50 question maximum, that party may object to those particular questions in lieu of responding to them. O.C.G.A. § 9-11-33 (a)(2).

In addition to being useful tools for gathering information and evidence during the course of litigation, interrogatories are also useful tools for litigants at trial. Responses to interrogatories may be used at trial as evidence if the responses otherwise conform to the rules of evidence in Georgia. O.C.G.A. § 9-11-33 (b).

Mandatory Discovery

In some Georgia counties, Discovery is required in divorce or domestic cases. These encompasses various documents and disclosures which parties must exchange to ensure a fair and equitable resolution. Such mandatory disclosures may include financial statements, tax returns, bank statements, and other relevant documentation pertaining to assets, liabilities, and income. The implementation of mandatory Discovery aims to promote fairness and efficiency in the legal process. By mandating the exchange of essential information upfront, it reduces the likelihood of surprises during trial and fosters an environment conducive to negotiation and settlement. In conclusion, Interrogatories play an important role in divorce or domestic cases in Georgia. They serve as a crucial mechanism for information gathering, strategic assessment, and expediting legal proceedings. Coupled with mandatory Discovery requirements, Interrogatories lead to a more transparent, equitable, and efficient resolution of disputes in family law matters.