Difference between revisions of "Discovery and Disclosure in Family Law"
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Interrogatories are a form of written questions posed by one party to the other party in an effort to obtain information without the fullness and formality of an examination for discovery. As interrogatories can only be used with the consent of the other party or by court order (see Rule 9-3(1) of the Supreme Court Family Rules), they tend to be used less frequently than other manners of discovery but can be useful to obtain specific information or details such as dates or the sequence of events, account numbers or other particulars, information about a corporation or a business, and the like. | Interrogatories are a form of written questions posed by one party to the other party in an effort to obtain information without the fullness and formality of an examination for discovery. As interrogatories can only be used with the consent of the other party or by court order (see Rule 9-3(1) of the Supreme Court Family Rules), they tend to be used less frequently than other manners of discovery but can be useful to obtain specific information or details such as dates or the sequence of events, account numbers or other particulars, information about a corporation or a business, and the like. | ||
Interrogatories are to be prepared in Form F22 of the Supreme Court Family Rules. If the court orders the interrogatories be answered or the other party simply agrees to answer them, then the other party has 21 days to deliver their reply to interrogatories (see Rule 9-3(4) of the Supreme Court Family Rules) and the reply must be in the form of an affidavit. As a result, the party answering the interrogatories is swearing (or affirming) to the truth of the answers and will need to see a lawyer, a notary public or a court registry clerk. Interrogatories and replies to interrogatories are not filed with the court. | Interrogatories are to be prepared in Form F22 of the Supreme Court Family Rules. If the court orders the interrogatories be answered or the other party simply agrees to answer them, then the other party has 21 days to deliver their reply to interrogatories (see Rule 9-3(4) of the Supreme Court Family Rules) and the reply must be in the form of an affidavit. (See [[How Do I Prepare an Affidavit?]]). As a result, the party answering the interrogatories is swearing (or affirming) to the truth of the answers and will need to see a lawyer, a notary public or a court registry clerk. Interrogatories and replies to interrogatories are not filed with the court. | ||
A party answering interrogatories may object to one or more interrogatories on the basis of privilege or on the grounds that it does not relate to a matter at issue in the court proceeding (see Rule 9-3(6) of the Supreme Court Family Rules). In such circumstances, the responding party should indicate in the responding affidavit that the party objects to a specific interrogatory and the basis for the objection. The responding party may also apply to the court to strike out the interrogatory if he/she objects to it on the grounds that it will not further the object of the Supreme Court Family Rules. When making its decision, the court must consider any offer made by the party to make the admissions sought, to produce documents or to give oral discovery. | A party answering interrogatories may object to one or more interrogatories on the basis of privilege or on the grounds that it does not relate to a matter at issue in the court proceeding (see Rule 9-3(6) of the Supreme Court Family Rules). In such circumstances, the responding party should indicate in the responding affidavit that the party objects to a specific interrogatory and the basis for the objection. The responding party may also apply to the court to strike out the interrogatory if he/she objects to it on the grounds that it will not further the object of the Supreme Court Family Rules. When making its decision, the court must consider any offer made by the party to make the admissions sought, to produce documents or to give oral discovery. | ||
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If a party needs information from someone who is not a party to the court proceeding and there is no other way to get the information, that party can apply to the court for an order to allow a pre-trial examination of that witness. Be forewarned that the court may also order that the examining party pay the reasonable lawyer’s costs of the person relating to the court application and the examination. Due to the expense involved in making the court application and paying the witness’ legal fees, in practice this process is rarely used, but it is permissible under Rule 9-4 of the Supreme Court Family Rules. For more information on the process for bringing interim applications, see [[Interim Applications in Family Matters]]. | If a party needs information from someone who is not a party to the court proceeding and there is no other way to get the information, that party can apply to the court for an order to allow a pre-trial examination of that witness. Be forewarned that the court may also order that the examining party pay the reasonable lawyer’s costs of the person relating to the court application and the examination. Due to the expense involved in making the court application and paying the witness’ legal fees, in practice this process is rarely used, but it is permissible under Rule 9-4 of the Supreme Court Family Rules. For more information on the process for bringing interim applications, see [[Interim Applications in Family Matters]]. | ||
Rule 9-4(3) of the Supreme Court Family Rules requires the party making a court application for a pre-trial examination of a witness to present evidence, in the form of an affidavit, which sets out: | Rule 9-4(3) of the Supreme Court Family Rules requires the party making a court application for a pre-trial examination of a witness to present evidence, in the form of an affidavit (see [[How Do I Prepare an Affidavit?]]), which sets out: | ||
<blockquote><tt> | <blockquote><tt> | ||
:(a) the matter in question in the family law case to which the applicant believes that the evidence of the proposed witness may be material, | :(a) the matter in question in the family law case to which the applicant believes that the evidence of the proposed witness may be material, | ||