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Interrogatories in Divorce

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Interrogatories in a Divorce

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  • pg 1
									STATE OF SOUTH CAROLINA ) IN THE FAMILY COURT FOR THE
                        )          JUDICIAL CIRCUIT
COUNTY OF               ) CASE NUMBER:
                        )
             ,          )
                        )
    Plaintiff,          ) DEFENDANT’S INTERROGATORIES
vs.                     ) AND REQUEST FOR PRODUCTION
                        )
             ,          )
                        )
    Defendant.          )

       TO: __________, PLAINTIFF, AND ______________, HER

ATTORNEY OF RECORD:

       Pursuant to Rule __ and Rule ___ of the _____ Rules for Civil Procedure,

the undersigned attorney for the Defendant hereby requests that you serve upon

said attorney within thirty (30) days, responses to the following Interrogatories

and Request for Production of Documents.

       The following Interrogatories and Request for Production of Documents

shall be deemed continuing in nature until the time of trial of the case so that

information sought which comes to the knowledge of said party, his/her/its agents,

representative or attorneys, after Answers to Interrogatories and Responses to

Request for Production of Documents have been submitted shall be transmitted to

the undersigned.

                              INTERROGATORIES

       1. List the names and addresses of persons known to the parties or
counsel to be witnesses concerning the facts of the case and indicate whether or
not written or recorded statements have been taken from the witnesses and indicate
who has possession of such statements.
                                          2

      2. Set forth a list of photographs, plats, sketches or other prepared
documents in possession of the party that relate to the claim or the defense in the
case.

      3. List the names and addresses of any expert witnesses whom the party
proposes to use as a witness at the trial of the case.

       4. For each person known to the parties or counsel to be a witness
concerning the facts of the case, set forth either a summary sufficient to inform the
other party of the important facts known to or observed by such witness, or
provide a copy of any written or recorded statements taken from such witnesses.

       5. If you are the natural parent of any child or children outside of your
current marriage, please state the following information regarding each child: the
full name of each child, the date and place of the child’s birth, the amount of
monthly support provided by you for each child.

       6. For all assets you contend to be marital assets, including but not
limited to, real estate interests, vehicles, accounts at financial institutions,
retirement/pension accounts or plans, furnishings and fixtures, business interests,
jewelry, collections/collectibles, tools, farm/gardening equipment, and any other
asset not specified, please state for each item (1) the title/account owner (if
applicable); (2) the fair market value on the date of filing; (3) the account number,
name, and address of the financial institutions; (4) all liens encumbering the asset,
the amount of each lien on the date of filing and the name and address of the lien
holder with the account number for each lien.

        7. For all assets you contend to be non-marital assets as defined in
Interrogatory #6 above, please provide all of the information requested for marital
assets above and state the reason you contend each stated asset to be non-marital.

        8. List any other assets you may own, individually or jointly, not listed
in Interrogatory #6 or Interrogatory #7 above.

        9. For all debts you contend to be marital debts, please state the
following: (1) the names of the debtor(s), (2) the account number(s), the name,
and address of the creditor(s); (3) the amount of the debt on the date of filing; (4)
the purpose for which the debt was incurred; (5) the original amount of the debt;
(6) the current amount of the debt.

        10. For all debts you contend to be non-marital debts, please provide all
of the information requested for marital debts in Interrogatory #9 above, and state
the reason you contend each stated debt to be non-marital.
                                          3

        11. List any other debt you may have, individually or jointly, not listed in
the Interrogatory #9 or Interrogatory #10 above.

       12. If in the past three (3) years you have or had an interest in any
business, please provide the following information: name and address of the
business, type of business, percentage of ownership in the business, the name and
address of the accountant or bookkeeper.

        13. If a financial statement was prepared for any business set forth in
Interrogatory #12 above in the last three (3) years, please provide the following
information: the business for which the financial statement was prepared, the date
of the financial statement, the purpose of preparing the financial statement, the
person who has a copy of the financial statement.

       14. List all residences you have lived in since your separation from your
spouse including the addresses, the dates you resided at each residence, and the
names of the people with whom you resided at each residence.

        15. For each open or closed banking accounts (checking, savings, or
business) on which you are or were authorized to draw in the last five (5) years,
please provide the following information: type of account, name and address of
the financial institution, the account number, the present balance in the account or
the amount of the balance at the time of closing of the account.

       16. For any interest you have in any life insurance or annuity policy,
please provide the following information: type of policy, cashier’s name, policy
number, face amount of policy, amount of annual premium, name and address of
each beneficiary, any assignment of the policy, present cash surrender value, and
the name and address of the insurance company.

        17. If you have surrendered for cash value any life insurance policy in the
last five (5) years, please provide the following information: date surrendered,
name and address of the carrier, amount of cash received from the policy.

        18. List the names and addresses of all of your employers since your
marriage; the approximate dates of employment for each one; the highest wage,
salary, or other rate of pay earned at each one; and any benefits retained or “rolled
over” at the termination of each employment.

       19. If you have prepared a personal Financial Statement in the last five
(5) years, please provide the following information for each financial statement;
the date of the preparation, the purpose of preparation of the financial statement,
the name and address of the person who now has possession of said document.
                                          4

        20. If you have made any loans of money to any person or entity in the
last five (5) years, please list the date the loan was made, the person or entity to
whom it was made, the purpose for giving the loan, and the amount of each loan.

        21. List all criminal charges or proceedings (felony or misdemeanor) to
which you have been a party or in which you have been involved as a witness or
otherwise, and specifically provide the date(s) of the charge(s) or proceedings, the
jurisdiction, the law enforcement agency(ies) involved, disposition of the
charge(s), and any sentence, probation, or prison time served. This request
includes, but is not limited to, any involvement by you in any pretrial intervention
program or juvenile/family court proceeding.

       22. State the reason(s) you contend caused the breakdown of the marriage
and the reason(s) for the separation.

       23. State all direct and indirect contributions you have made toward the
acquisition or preservation of marital assets, including the marital residence.

         24. If in the last five (5) years you are or have been a party to any
litigation including any legal, equitable or administrative proceeding, please
provide the following information: type of litigation or proceeding, the court,
agency or tribunal in which the litigation or proceeding was filed, the type of relief
to which you claim to be entitled in the litigation or proceeding, and the name and
address of the attorney representing you.

       25. If you have ever sought the service of a private detective, please
provide the name, address and dates of employment of such person.

       26. During the course of your marriage to your spouse, have you, or has
anyone at your direction, intercepted and/or recorded ANY OF your spouse’s
telephone or other communications? If so, please state the following:

             a. Nature and method of interception and/or recording;

            b. The name of the person who so intercepted and/or recorded
Defendant’s communication;

             c. The dates of said interception and/or recordings;

             d. The custodian of said recordings and/or transcription thereof.
                                           5

        27. If you or anyone acting on your behalf has intercepted, recorded,
printed or read any e-mail or instant message of your spouse, or of a third party
that relates to the facts, claims, or defenses in this case, state the computer and its
location used to access the above information as well as the location and person(s)
in possession of any printed or recorded documents accessed and the name(s) and
addresses of any person(s) who accessed and/or read the information.

        28. Since the date of your marriage, have you participated in any sexual
activities (including but not limited to sexual intercourse, oral sex, petting,
fondling or kissing) with any person other than your spouse. If your answer is yes,
please specify the name and address of each such person(s), date(s) and place(s) of
such activity.

      29. With respect to any deferred compensation not yet received, but in
which you have or have had an interest since the filing of this action please state:

             a. The nature of each form of deferred compensation;

             b. the employer or entity making said payment;

             c. the date when payment was determined;

             d. the amount deferred;

             e. the date when such amount is payable to you;

            f. the name an address of the employer or other entity holding the
deferred payment;
            g. who is responsible for distribution to you;

             h. the earliest date when the deferred payment may be obtained by
you; and
             i. under what conditions it may be obtained.

        30. List any interest or entitlement in frequent flyer credits you have and
had at the time this action was filed.

         31. List all cellular telephone numbers together with the service provider
for each number for all cellular telephone service in your name for the last twelve
(12) months; in the name of any businesses in which you have been or are
employed for cellular telephones of which you have or have had the primary use
for the last twelve (12) months; and in the name of any other person or entity for
which you have or have had substantial use in the twelve (12) months preceding
the filing of this action.
                                          6

        32. Please list all prescription medication that you have taken in the last
five (5) years, the dates taken, all prescribing physicians, and the dosages
prescribed.

        33. Provide an inventory of the contents of all safes or safe deposit boxes
and the location of the same to which you have had access in the last five (5) years
and a list of all items, including cash, which have been removed from any such
safes or safe deposit boxes for the period beginning six (6) months prior to the
date of filing of this action through the date of these interrogatories.


                        REQUEST FOR PRODUCTION

       1. All documents which were identified in, referred to or relied upon in
preparation of your Answers to Interrogatories served herewith.

       2. Any and all other documents of any type, nature or description, not
produced in response to the preceding request, which you will rely upon in the
proof of this case.

        3. All documents concerning your employment, including, but not
limited to your employment contract, schedules showing any bonuses or
commissions during your employment, your earnings, employment benefits,
retirement benefits, and any similar documents from the date of your employment
to the present, and your most recent paycheck stub.

        4. All records concerning real estate which you own or have an interest,
either individually or through a partnership, corporation or other entity, including
but not limited to, any deeds, notes, mortgages, balance statements, closing
statements, written appraisals, and rents received therefrom.

       5. All records concerning any interest you have, individually or as a
partner, trustee, shareholder, or otherwise, in any stock transfers, confirmation
notices, shares of stock, listing of the shares of stock, the monthly brokerage house
statements, and dividends received therefrom.

        6. All records concerning your interest, individually, as a partner, a
trustee, a shareholder or otherwise in any patents, patent applications, unpatented
technologies, project agreements, license agreements, licenses, manufacturing
agreements, trade secrets, and royalties therefrom.
                                          7

       7. All bank statements, canceled checks and deposit slips of any account,
including checking and savings accounts, in which you may have an interest, or
may have had an interest, at the time of the commencement of these proceedings
through the present date.

        8. All Federal and State Income Tax Returns in their entirety, including
W-2 forms filed therewith, which you have filed individually or jointly during the
entirety of the marriage.

        9. Copies of all monthly charges on your credit cards, including all cards
which are used by you or which were used by you at the time of the
commencement of these proceedings through the present date. Such statement
shall include the individual charge tickets.

       10. All financial statements filed by you over the last five (5) years.

       11. All records of any retirement, profit sharing, pension plan, IRA,
Keogh, including, but not limited to, the assets of said plans, their values, their
location, and any documents regarding any loans made there from and copies of
the notes and payment schedules of any such loans.

       12. All records of any life insurance policies of which the you are either
the owner, insured or beneficiary, including, but not limited to, the amount of the
policies, the names of the companies, and the type of policies.

       13. With respect to any business, including a sole proprietorship,
partnership, corporation, PA, or LLC in which you own an interest.

       a. All payroll records, including account ledgers and the like, pertaining
       to any monies paid to you by said business or its predecessor from the date
       of your initial employment up to and until the time of the commencement
       of these proceedings through the present date.

       b. All sales tax records of said business, and its predecessors, from the
       date of your initial employment up to and until the time of the
       commencement of these proceedings through the present date.

       c. All tax records and tax returns filed by said business, or its
       predecessor, from the date of your initial employment up to and until the
       present as well as current year income tax returns when filed.
                                         8

       d. All documents, including, but not limited to, balance sheets, net worth
       statements, and appraisals substantiating the net worth of any such
       business, and the value of the shares of such stock or partnership interest in
       any such business.

       e.   Copies of all W-2 and 1099 statements issued to all individual and
            entities for immediate past year.

       f.   A schedule of all aged accounts receivable for the immediate past
            year.

       g.   Copies of all credit card statements paid fully or in part by the
            business for the immediate past five (5) years.

       h.   The most recent summary report of all retirement plans, pension
            plans, profit sharing plans, 401k plans, and similar plans, and the
            most recent statement showing balances in the accounts of the
            Defendant and the Plaintiff.

       i.   A complete copy of the checkbook registers for the business for the
            current year and the immediate past five (5) years.

       14. A current Financial Declaration including a completed Marital
Assets Addendum on the forms required by the Family Court.

        15.     A current statement on each account located at any financial
institution in which funds, stocks, bonds, certificates of deposit, or other
investment assets are being held by or for your benefit.

       16.     All records relating to any and all sources of income you may have
not heretofore identified above, including the name of the source, the account
number, the location and its net worth.

        17. Copies of certificates of title, bills of sale or other indicia of
ownership of all vehicles, farm equipment, boats, airplanes, rolling stock or other
personal property which may be owned by you, owned by third persons as trustees
for you, owned by any partnership in which you have contingent or vested interest,
owed by any corporation in which you own stock or have any other contingent or
vest interest, regardless of the date of acquisition thereof.


       18. All records of all estates, inter vivos or testamentary trusts, or other
agreements or documents under which you are the beneficiary and/or recipient of
property, money, or other valuable consideration, including, but not limited to, all
                                           9

fiduciary tax returns during each year of the existence thereof, all accountings, all
estate tax returns, both state and federal, and other filings made with the Internal
Revenue Service, South Carolina Tax Commission, or other tax related agency.

        19. All information you have relating to any gifts or inheritances you
have received from third parties from the date of the parties’ marriage through the
date of the final hearing in this matter, including, but not limited to, a list of such
assets with their date of transfer and approximate value at that item, copies of gift
tax returns deeds, titles, certificates and other evidence of transfer.

       20. Copies of all reports by investigators or other persons commissioned
to surveil the activities of your spouse.

        21. Copies of all e-mail, video tapes, and audio tapes which relate to any
of the issues in this case.

       23. Copies of all journals, datebooks, and calendars kept by you during
the course of this marriage.


                                          By: ____________________________

								
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