Family Law Discovery and Contempt: Interrogatories

Duty to Respond to Interrogatories

If you are properly served with interrogatories, you are generally under a duty to respond to each question separately, under oath, and within 30 days (see CCP §2030.210(a) and CCP §2030.260(a)). You can respond either by answering the question, objecting to the question, or allowing inspection and copying of records (CCP §2030.210(a)). There are exceptions to this, for example you can move for a protective order (see CCP §2030.090 and Protective Orders Tab in this Guide). 

Format of Response to Form Interrogatories

Because you have options with regard to your response, you will want to review the procedural rules covering the format of interrogatory responses. Many of these are in the California Code of Civil Procedure (CCP §2030.210 et seq.) and in the California Rules of Court (Cal. Rules of Court 2.100 et seq.). 

Unless your response contains only objections, you should verify your responses by signing under oath (CCP §2030.250). A sample Response and Verification can be found below. Please see library resources for further research on the Verification process, how to property respond to interrogatories, and proper use of objections in Responses. You will need to adapt the following sample to your particular situation.  

Serving the Response

Typically, responses are due within 30 days from the date of personal service or within 35 days if you have been served by mail (CCP §2030.260 and CCP §1013). Failure to timely respond waives most of your rights to object or refuse to produce documents. A signed original of your responses under oath must be served on the other party or on their attorney if they have one. A copy of the proof of service is also served on the other party, and you retain the original signed proof of service for your records (CCP §2030.280). Discovery paperwork is not normally filed with the court (Cal. Rule of Court 3.250). 

You cannot serve the documents, they must be served by someone who is not a party to the action and over 18 years of age. The person performing the service must sign a proof of service form stating what they served, who it was served on, and the date of the service. Family law forms regarding proof personal service and service by mail can be found at the links below.

Proof of Personal Service

Proof of Service by Mail

For more information about service, see San Diego Law Library's guide entitled Service of Notice and Other Papers. 

What are Special Interrogatories?

Special interrogatories are another type of written discovery. Interrogatories are written questions which call for written answers. Special interrogatories are questions drafted by the party, tailored to the issues in the case, and written on pleading paper. These differ from Form Interrogatories which are pre-printed on a form, drafted by the Judicial Council. The answers must be sworn to under oath. 

How and When to Use Special Interrogatories (Rules of Procedure)

Special Interrogatories are normally used in conjunction with Form Interrogatories and Requests for Production of Documents. Since you normally only get to ask 35 Special Interrogatories, sometimes it is best to wait until you get answers from the Form Interrogatories and the answers from the Production of Documents so you can use the Special Interrogatories to ask follow up questions. You can also split up the 35 Special Interrogatories into separate requests. Set One Special Interrogatories can contain less than 35 questions. Then you can ask more questions, up to the 35 limit (unless you have reasons under CCP §2030.030 and CCP §2030.050   to request more), in Set Two Special Interrogatories. 

Rules of procedure exist about how and when you can use special interrogatories. Some of these rules are:

• Interrogatories may only be used between parties to the action (CCP §2030.010 et seq.).
• Discovery paperwork is not normally filed with the court (Cal. Rule of Court 3.250).
• Plaintiff/Petitioners can serve the interrogatories any time that is 10 days after service of the Summons. Defendant/Respondents can serve interrogatories at any time. See, (see CCP §2030.020(a)-(b), (d)). 
• You cannot serve the documents, they must be served by someone who is not a party to the action and over 18 years of age. The person performing the service must sign a proof of service form stating what they served, who it was served on, and the date of the service. Proof of personal service forms can be found here, and proof of service by mail can be found here. For more information about service, see San Diego Law Library's guide entitled Service of Notice and Other Papers. 
• You must retain the original of the special interrogatories and the proof of service; have a copy of those documents served (CCP §2030.080). 
• Each special interrogatory must be full and complete in itself. No preface or instruction may be included with a set of interrogatories unless approved under CCP §§2033.710–2033.740. Any specially defined term must be typed with all letters capitalized wherever it appears. No specially prepared interrogatory may contain subparts, or a compound, conjunctive, or disjunctive question CCP §2030.060(f). Contention interrogatories are specifically permitted under CCP §2030.010(b). 
• You are generally limited to 35 Special Interrogatories, although there are circumstances where you may use more (CCP §2030.030 and CCP §2030.050). You can do both Form Interrogatories and Special Interrogatories. The Form Interrogatories do not count toward the number of Special Interrogatories, they are in addition. It is good to use the Form Interrogatories to get basic information and then craft Special Interrogatories for more specific questions that deal with the issues in your case. 

Example of Special Interrogatories

A sample of special interrogatories can be found below. This sample is based on CEB Family Law Financial Discovery, a resource that is available in print or in the Onlaw database at the law library. This sample is specific to questions relating to ability to work and earn money. If this is not an issue in your case, do not use these questions. Remember the questions must be relevant to your specific situation. The template is modifiable and can be edited to fit your needs. We recommend you do more research in our resources to select the best questions for your situation.