Discovery Requests

In divorce AKA dissolution and child custody and support cases, there are various methods of obtaining information and evidence necessary to present a case to the court. Through the discovery process, there are various requests that can be made to the other party and sometimes to third parties. Two common requests are for Interrogatories and production of Documents. Less common in domestic relations cases are Requests for Admission.

One method of discovery is a Request for Interrogatories. Interrogatories are written questions signed under penalty of perjury.[1] They may be served after an Initial Status Conference has been held in a pre-decree case. There are pattern interrogatories in domestic relations cases with preset questions, and a party may also ask 10 additional non-pattern questions. Each question must be a single question, though an exception may be made if the questions are related to each other. For example, questions about the same financial transaction or similar financial transactions. If additional questions are necessary, a motion can be made to the Court to allow them. The Court shall grant all reasonable requests for good cause as defined in C.R.C.P. 26(b)(2)(F). This may be necessary in cases where the parties’ financials are complex, for example.

Each interrogatory must be answered in writing separately and fully within 35 days after service.[2] Answers must be provided under penalty of perjury and there is a prescribed format for the response. It is permissible to object to a question, but the objection must be stated with specificity and the answer must identify whether any responsive information exists and is being withheld. If objections have been made, any advising attorney must also sign the answers.[3] A court can resolve discovery disputes.[4] Domestic relations courts are courts of equity that favor robust provision of information, and this influences discovery practice. The scope of discovery inquiry is much larger than the scope of admissibility at trial.

An additional method of discovery is a Request for Production of Documents. A party may serve pattern Requests for Production of Documents and 10 non-pattern requests. Additional non-pattern requests may be served and answered upon approval of the Court and should be granted for good cause.[5] Requests must be for the production of documents that already exist and cannot be used to request that a party create new documents. A party must serve a written response within 35 days after the service of the request. An objection must state whether any responsive materials are being withheld. Further, production of documents for inspection must be made, as the documents are kept in the normal course of business.

Yet another method of discovery is a Request for Admission. Requests for Admission are not common in domestic relations cases. A party may serve a request for an admission of the truth of certain matters. For example, requesting admission of the truth of statements.[6] A matter is deemed admitted unless there is an answer or objection within 35 days after the service of the request.[7]

A knowledgeable and experienced divorce and family law attorney can guide you through Colorado Springs divorce and family law matters by negotiating, mediating and litigating. This allows you to focus on to a better future. Divorce and family law matters are difficult to navigate alone.

Sabra Janko from Janko Family Law is a knowledgeable and experienced attorney who protects your best interests and ensures that you are aware of your legal rights and obligations. Contact us at 719-344-5523 for a free 30-minute informational consultation or complete our online form.

[1] C.R.C.P. 16.2, 26, and 33.

[2] C.R.C.P. 29 & C.R.C.P. 33(b)(3).

[3] C.R.C.P. 11.

[4] C.R.C.P. 33(b)(1).

[5] C.R.C.P. 26(b)(2)(F), C.R.C.P. 16.2(f)(4), & C.R.C.P. 34.

[6] C.R.C.P. 36.

[7] C.R.C.P. 36(a).