Interrogatories Propounded

You are allowed to ask (propound) written questions (interrogatories) to your spouse. Skip the boiler plate, and keep questions focused. Your objective is information gathering and preparing evidence for trial, even if the evidence consists merely of perjury, or inconsistent statements used to impeach your spouse. Unlike ?admissions? (see below), the court may limit the admissibility of the answers to interrogatories propounded.

Question: Ugh, legalese, please help me translate!? "We hold that the service of an untimely interrogatory response, --which may or may not reflect a good faith effort to comply with the party's discovery obligations--, does not divest the trial court of authority to hear and grant a motion to compel responses under section 2030.290, subdivision(b)." from Sinaiko v. Pacific Healthcare Consultants, 55 Cal.Rptr.3d 751 ((CCP § 2030.290(b) : “The party propounding the interrogatories may move for an order compelling response to the interrogatories.”))

Answer: There is a civil lawsuit going on. One of the parties to that lawsuit sends a set of interrogatories (written questions) to the other party, and the other party is required to send answers them within 30 days. If the other party doesn't send answers within 30 days, the party who sent the questions can file a motion to compel the responding party to answer the questions. The Court is saying that if the party who asked the questions and doesn't get timely answers files a motion to compel, and then the other party sends answers while that motion to compel in pending, the court can still hear and rule on the Motion to Compel. The reason (which is explained in other parts of the case) is because in the motion to compel the asking party can request that the court punish (or "sanction") the answering party for being late. Such punishment can take the form of an order to compensate the asking party for the expense of preparing the Motion to Compel, an order limiting what evidence you can present at trial, or a number of other things. The Court also pointed out (again, elsewhere in the opinion) that if you don't send your answers to interrogatories on time, you waive objections. An "objection" is when you respond to an interrogatory, with a legal argument why you should not be required to answer, instead of (or in addition to) answering the question. For example, if the other side asks "describe what you talked about during your most recent meeting with your attorney," you could respond "Objection, attorney client privilege" and refuse to answer the question. However, unless you send your responses within the 30 days, you "waive" (give up) your right to raise objections, and you must answer the question, even if it wasn't a proper question to ask.

Interrogatories Propounded

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