San Diego, CA asked in Family Law for California

Q: How do I write an objection to an interrogatory in California Family court

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1 Lawyer Answer
PREMIUM
Answered
  • Fairfield, CA
  • Licensed in California

A: You are asking a loaded question because there are many procedural issues and substantive issues related to discovery. First, and foremost, an objection must be made timely. Timely means 30 days from when the documents were "served." The term "served" is a legal term that means the day the clock starts ticking for the 30 days. When the clock begins to tick depends on when the interrogatories were served on you. For instance, if personally served on you, then you have 30 calender to submit a timely response. However, the deadline dates changes if served by mail, by fed-ex, etc.

As to the substance of the objection, you need a legal basis to make an objection that is rational and related to the interrogatory. For example, an interrogatory that states, "Identify any and all dates you have been on since January 1, 2000?" What does that question have to do with child support? Nothing--so some objections would be irrelevant, harrassing, burdensome, invasion of privacy, and so on. But if the question asked, "List all income you have received from April 1, 2011 to April 1, 2012," then that is a different thing--because income is relevant to issues relating to calculation of child support.

Unfortunately, there is no way to properly address this question in this question/answer format. Also, by law, California attorneys are not authorized to give legal advice in this format--at best, we can provide you with general principles of the law.

I strongly recommend you speak to an attorney who is willing to provid you with legal coaching if you can't afford to hire an attorney to represent you. Discovery is a complex area of family law and if not properly addressed, can cause adverse consequences to your legal case.

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