Some family law cases require questions that are more specific than those contained in California’s standardized Form Interrogatories.

Special interrogatories allow a party to prepare individualized written questions directed to another party. They can be used to obtain information about particular facts or issues that matter to the case.

Because the questions are answered in writing under oath, special interrogatories can be an important tool for investigating disputed issues and establishing a party’s position before trial.

How Are Special Interrogatories Different From Form Interrogatories?

California’s Form Interrogatories—Family Law provide standardized questions approved for use in family law proceedings.

Special interrogatories are different because they are drafted specifically for the particular case.

This flexibility can be useful when a dispute involves facts that are not adequately addressed by standardized questions.

For example, a case involving a complicated financial transaction, unusual property issue, or another fact-specific dispute may require questions tailored to the circumstances.

The requesting party should therefore identify what information is actually needed before preparing the questions.

Are There Limits on Special Interrogatories?

Yes.

The source materials explain that a party generally may serve a maximum of 35 specially prepared interrogatories on another party.

Additional special interrogatories may be permitted when the required declaration is provided and the greater number is justified under the applicable discovery rules.

Special interrogatories also have drafting requirements.

Each interrogatory must generally be separately stated and complete in itself. Specially prepared interrogatories may not contain subparts or compound, conjunctive, or disjunctive questions.

These requirements encourage each interrogatory to ask a focused question rather than combining numerous requests into one.

How Does the Other Party Respond?

The responding party generally has 30 days after service to provide responses, subject to the rules governing service and applicable extensions.

The responses must address the information requested in accordance with California’s discovery requirements.

An important feature of interrogatories is that a responding party cannot necessarily avoid answering simply by claiming not to personally remember the information.

The source materials explain that when information is reasonably available to the responding party—or could be obtained from other people or organizations through a reasonable and good-faith effort and is not equally available to the requesting party—the responding party may have an obligation to make that effort.

Special Interrogatories Can Focus Discovery on the Actual Dispute

Standardized discovery forms can provide useful general information, but every family law case is different.

Special interrogatories allow discovery to be tailored to the particular issues that need investigation.

Carefully drafted questions can help identify relevant facts, establish the opposing party’s position, and determine whether additional documents, depositions, or other discovery will be necessary before settlement or trial.