Q: How do pattern and non pattern interrogatories have to be legally served for them to be legitimate?
My ex filed a modification for child support. He emailed me documents requesting pattern and non pattern interrogatories, and pattern and non pattern interrogatories request for documents. He states in the email that he mailed them off but they never arrived and my guess is due that he put my previous address on them instead of my correct address which I have provided to him several times. Are these documents still official if I never received them physically? I tried send him the same documents but apparently he doesn't have to do them because I did not provide them to him in enough time to allow him to complete them and provide the information 30 days before our court date. I am wondering if I can say the same as I never received them and even if I would have they wouldn't have arrived in time to allow me to complete them before 30 days before our court date, because he emailed me that he mailed them out on the last day he could have given them to me. Please advise? Thanks.
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A: Interrogatories need to be sent out 63 days prior to hearing. If your ex sent them 63 days out or prior then they are valid. In terms of your address, if you can prove you sent him your proper address, whether through email or text or otherwise, then he should have mailed them to that address. However, keep in mind that if you move it is your duty to keep the court informed of your current address as well, which generally entails filing a form. If he sent to an old address knowing it was not a valid address, and you can prove he had the valid address you can certainly raise the issue with the court. You can say you never received his interrogatories if that is the truth.
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