Whether you've been through a Rhode Island Divorce proceeding yet or not, you may have heard this word in other legal contexts. The word is "Interrogatories".
In a Rhode Island Divorce proceeding you or your attorney may receive Interrogatories that have been prepared by the opposing party. Interrogatories are questions that must be answered and signed under oath by the party in the divorce (not his or her attorney) before a notary public.
In a Rhode Island Divorce proceeding you have forty (40) days from the date of service of the Interrogatories to answer or otherwise object to the questions being asked of you. If you don't answer or object to the interrogatories within the forty (40) day period then generally you will be deemed to have waived any objections you may have to the questions.
The likely result thereafter is that the opposing party or his or her divorce attorney will file a Motion to Compel Answers to Interrogatories and absent a compelling reason you will be ordered to answer the questions.
So what is the tip?
1) Don't miss the forty (40) day deadline if you have any objections. Keep in mind that this is NOT forty (40) business days. Weekends and holidays are included in the days a party is afforded in order to respond.
2) Make sure you or your attorney put in valid objections within the forty (40) days, especially if some questions are designed purely to harass you.
3. Use VALID Objections. For instance, you can't object simply because you don't want to answer the question. You can't object just because the answer will hurt you. You can't object simply because it is going to take you considerable time to answer the question.
Typically objections will be left to your attorney in order to protect you. However, this is part of your case. You should know what your attorney is objecting to, why, and what the attorney stated for an objection.
If you have to object on your own. . . "study up" learn the valid objections and then use them appropriately.
Interrogatories are part of the phase of divorce litigation called "Discovery" and interrogatories are only one of several discovery tools.
Discovery is the portion of the litigation where questions are asked and documents are produced so that facts and information may be disclosed so each party can take his or her various positions and prepare for trial if necessary. It has its pros and its cons as does each method or discovery tool.
For our purposes today this is only about interrogatories. Make sure you meet your deadline and make sure you pose your valid objections in time or you could find yourself behind the eightball.
Visit http://www.ChristopherPearsall.com to learn about Attorney Pearsall's Divorce focused practice Visit Pearsall Law Associates for a different look at Attorney Pearsall's practice PLUS . . . get detailed Rhode island Divorce Information at Rhode Island Divorce Tips Blog Contact Attorney Pearsall at (401) 354-2369 for your low-cost consultation and even find out why FREE consultations are worth exactly what you pay for them! This article is for informational purposes only and is not legal advice. You should not take legal action without legal advice from a licensed practitioner who has been fully informed about your specific circumstances. The Rhode Island Supreme Court licenses all attorneys in the general practice of law and has no procedure for recognition of specialties. Article Source: http://EzineArticles.com/?expert=Christopher_Pearsall |
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