Interrogatories are written questions used during discovery to obtain information from another party in a California family law case. Unlike a deposition, where questions are answered orally under oath, interrogatories require written responses under oath. They can be used to investigate financial issues, property disputes, support claims, and other matters while also establishing the responding party’s position on facts that may later become important at a hearing or trial.

Interrogatories Require Written Answers From a Party

Interrogatories may be directed from one party in the case to another party.

Their primary purposes include obtaining relevant information and establishing the responding party’s position concerning issues in the case. If the responding party later gives materially different testimony, the prior interrogatory response may become important in evaluating or challenging that testimony.

One significant feature of interrogatories is that a responding party cannot always avoid answering by simply stating that the information is unknown.

If the information is reasonably available to the responding party, or could be obtained through a reasonable and good-faith effort from other people or organizations and is not equally available to the requesting party, the responding party may be required to make that inquiry before answering.

This can make interrogatories useful when financial information is spread across records, businesses, accounts, or transactions that one spouse is in a better position to investigate.

California Uses Both Form and Special Interrogatories

California family law discovery includes official Form Interrogatories—Family Law as well as specially prepared interrogatories.

Form interrogatories are standardized questions approved for family law matters. They can request both information and, in appropriate sections, supporting documents. A Schedule of Assets and Debts may also be used with the family law form interrogatories.

Special interrogatories are individually drafted questions designed to address issues specific to the particular case.

For example, special interrogatories might seek information about the history of payments on a disputed debt, the source of funds used for a particular transaction, or facts relating to a claimed reimbursement.

California generally limits a party to 35 specially prepared interrogatories, although additional official form interrogatories may be served. More than 35 special interrogatories may be permitted when the required declaration is provided and the additional questions are justified by circumstances such as the complexity or number of issues or the usefulness of interrogatories compared with taking a deposition.

Each special interrogatory must be stated separately and must comply with specific formatting requirements. Special interrogatories cannot contain prohibited compound or multiple-part questions.

Responses Are Formal Discovery Obligations

A responding party generally has 30 days after service to provide responses to interrogatories, subject to applicable rules affecting service and deadlines.

The responses are not casual answers. They are part of formal discovery and are provided under oath.

A responding party may object to an interrogatory when there is a legally valid basis for doing so. A party or another affected person may also seek a protective order when discovery would improperly require disclosure of irrelevant, privileged, or sensitive information or would cause unwarranted burden, expense, annoyance, embarrassment, or oppression.

The court may limit particular special interrogatories, extend the response period, impose conditions on how information is disclosed, or provide other appropriate protection.

At the same time, the discovery process is not automatically limited simply because the requested information is financial or private. Financial information may be directly relevant to issues such as California property division, child support, spousal support, tracing, and reimbursement claims.

Interrogatories Can Establish Important Facts Before Trial

Interrogatories provide a relatively structured way to obtain sworn information from the other party in a California family law case. Form interrogatories can address standardized family law subjects, while special interrogatories can focus on particular disputes involving property, income, debts, or other facts. Because the responding party may be required to investigate reasonably available information and the resulting answers can establish positions used later in the case, interrogatories can be an important part of preparing a family law matter for settlement, hearing, or trial.