Interrogatories

[TJRodolph]

Hi again Soc,

I have sent a 2nd request telling the custodial mom to respond to my interrogatory or I will file a Motion to Compel. She finally responded. But she didn't give me the info.

I asked what the name of her various employers, address and work schedule has been for past 2 years, and her answer was : This is not your concern.

I asked how many hours a week my son spends at his grandfathers house. Her answer was: This is not your concern.

I asked for my son's school address and teacher. Her response was: will be discussed in court.

I asked what health insurance our son was covered under since she doesn't use my insurance that I provide. Her answer was: Will be discussed in court.

I asked how many times our son has been to see the therapist in the past year. Her answer was: he does not see a therapist, he attends group therapy at school.

She further states in her letter that she does not appreciate me making false allegations against her, that I am being vindictive because she won't pay her 1/2 of the airfare and that I should spend all my time, energy and money into working overtime to pay for my son's airfare rather than harassing her.

Questions

1. Since she did send a response to my interrogatory, does this mean I cannot file a Motion to Compel since she refuses to answer the majority of the questions?

2. Considering her defensiveness, unwillingness to cooperate, and trying to blame me for her actions, could I bring up in the 1st hearing that I want her psych tested for some sort of Borderline Personality Disorder and or High Conflict Personality Disorder?

[socrateaser]

>Questions
>
>1. Since she did send a response to my interrogatory, does
>this mean I cannot file a Motion to Compel since she refuses
>to answer the majority of the questions?

Her answers are non-responsive. She must either answer each question or she must provide a sutible objection. The only sutible objections to an interrogatory request are:

1. "Question is not reasonably calculated to lead to the discovery of admissible evidence."

2. "Question is too broad, overreaching and unduly burdensome."

3. "I don't understand the question. Please restate."

4. "I don't know." (seriously, insufficient knowledge to answer the question is a legitimate answer).

5.  "I refuse to answer on grounds that the question asks for information protected by the marital communication/spousal/attorney-client/physician-patient/therapist-patient/priest-penitent  privilege." (choose one)

Other than that, failure to make a good faith (fair and honest) attempt to reasonably answer a question is contempt and sanctionable by the court.

>2. Considering her defensiveness, unwillingness to cooperate,
>and trying to blame me for her actions, could I bring up in
>the 1st hearing that I want her psych tested for some sort of
>Borderline Personality Disorder and or High Conflict
>Personality Disorder?

You could. But, if you don't file a motion to compel, the court will assume that you've waived your rights to discover the answers to your questions, so don't look for sanctions at the 1st hearing. The responses can certainly be used to demonstrate something other than the truth of the matters asserted, such as mental illness, or hostility/vindictiveness/lack of fitness to parent, etc.

[TJRodolph]

PERFECT! thanks! I also plan on submitting a supplemental affidavit to my motion to change custody, so the judge can have a chance to read all the interrogatories and her response before we even get there. Our 1st hearing is March 23rd. Tomorrow I will file the Motion to Compel.

[TJRodolph]

Ok, I filed my Motion to Compel Discovery today....and the clerk let me have the same date/time as my 1st hearing for the change of custody, which is March 23rd. I figure it will show that I was doing my ex a favor by not making her have to buy 2 plane tickets for 2 diff hearings. I am serving her (via mail) her copy tomorrow.

I am positive the Referee will order her to provide me that info as I am entitled to it. I am quite sure ex will not bring with her any of the doctor's names, addresses, phone numbers, or school info, all her employer's info, etc.

Questions

1. Will the Referee give the ex X amount of days to provide it to me in writing?

2. What is the standard amount of time Referees/Judges give for a deadline?

2. What would be my next step if/when ex does not send it to me in writing by the deadline?

3. Or will the Referee order her to get the info that day, one way or another and provide it to me immediately?

[socrateaser]

>Questions
>
>1. Will the Referee give the ex X amount of days to provide it
>to me in writing?

Pro se litigants are always on bended knee before the court. Screw that. Stand up and firmly request everything and more, and then settle for less, if and when the court orders less.

Tell the court that you want the information discovered forthwith/immediately AND that you want the other party sanctioned $100 per day for every day that passes until you receive discovery.

You are vindicating the authority of the court, not asking for a refund for a sweater you received as a gift.

>
>2. What is the standard amount of time Referees/Judges give
>for a deadline?

Don't worry about that, just do what I suggest.

>
>2. What would be my next step if/when ex does not send it to
>me in writing by the deadline?

If you don't get the stuff within 5 days, you tell the other party that they have 5 more days, and if they don't produce, that you will return to court and ask the court to incarcerate them for contempt, until they agree to cooperate, and that you will simultaneously request temporary sole custody of the child(ren).

>3. Or will the Referee order her to get the info that day, one
>way or another and provide it to me immediately?

See above.

[TJRodolph]

OOOO YOU ARE GOOD! Thanks for the empowerment...I will do EXACTLY as you suggest....in fact I am writing it down and memorizing it so I can recite it word for word.  I'll update you on March 24th! Thanks again.

[TJRodolph]

I just thought of something...

Question:

1. If it got to the point where I needed to file contempt for ex not providing me the info, and I also wanted to file for temporary sole custody simultaneously....How would I get the court to approve that since my ex and son live in OH and I am in MN?

[TJRodolph]

Ok, I filed my Motion to Compel Discovery today....and the clerk let me have the same date/time as my 1st hearing for the change of custody, which is March 23rd. I figure it will show that I was doing my ex a favor by not making her have to buy 2 plane tickets for 2 diff hearings. I am serving her (via mail) her copy tomorrow.

I am positive the Referee will order her to provide me that info as I am entitled to it. I am quite sure ex will not bring with her any of the doctor's names, addresses, phone numbers, or school info, all her employer's info, etc.

Questions

1. Will the Referee give the ex X amount of days to provide it to me in writing?

2. What is the standard amount of time Referees/Judges give for a deadline?

2. What would be my next step if/when ex does not send it to me in writing by the deadline?

3. Or will the Referee order her to get the info that day, one way or another and provide it to me immediately?

[socrateaser]

>Questions
>
>1. Will the Referee give the ex X amount of days to provide it
>to me in writing?

Pro se litigants are always on bended knee before the court. Screw that. Stand up and firmly request everything and more, and then settle for less, if and when the court orders less.

Tell the court that you want the information discovered forthwith/immediately AND that you want the other party sanctioned $100 per day for every day that passes until you receive discovery.

You are vindicating the authority of the court, not asking for a refund for a sweater you received as a gift.

>
>2. What is the standard amount of time Referees/Judges give
>for a deadline?

Don't worry about that, just do what I suggest.

>
>2. What would be my next step if/when ex does not send it to
>me in writing by the deadline?

If you don't get the stuff within 5 days, you tell the other party that they have 5 more days, and if they don't produce, that you will return to court and ask the court to incarcerate them for contempt, until they agree to cooperate, and that you will simultaneously request temporary sole custody of the child(ren).

>3. Or will the Referee order her to get the info that day, one
>way or another and provide it to me immediately?

See above.

[TJRodolph]

OOOO YOU ARE GOOD! Thanks for the empowerment...I will do EXACTLY as you suggest....in fact I am writing it down and memorizing it so I can recite it word for word.  I'll update you on March 24th! Thanks again.