Gavin Howe
In Florida, there are two types of interrogatories used in family law proceedings. Interrogatories are a set of questions that may be requested by either party to obtain additional information. In Florida, interrogatories must be served on the party to whom they are directed, and copies must be served on all other parties. The party must respond within 30 days, and the answers must be served on the requesting party. Ten interrogatories, including subparts, may be sent to a party, in addition to the standard interrogatories contained in Florida Family Law Rules of Procedure Form 12.930(b) or Form 12.930(c).
| Characteristics | Values |
|---|---|
| Number of interrogatories | 10 additional interrogatories, including subparts, may be sent to a party |
| Time to respond | Generally 30 days, with a possibility of extension to 45 days |
| Scope | May relate to any matters that can be inquired into under rule 12.280(b) |
| Service of responses | Must be served on the requesting party and must not be filed with the court unless they are admitted into evidence |
| Certificate of service | Must be filed, stating the date of service and the name of the party served |
| Copy of answers | May be filed in compliance with Florida Rule of General Practice and Judicial Administration 2.425 and rule 12.280(j) |
| Types of interrogatories | Initial, modification, and additional |
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What You'll Learn
Initial interrogatories
In Florida, interrogatories are a standard part of family law proceedings, allowing one party to request information from another. The process is governed by Rule 12.340 of the Florida Family Law Rules of Procedure.
In addition to the standard interrogatories in Form 12.930(b), up to ten additional interrogatories, including subparts, may be sent to a party. However, leave of court is required to exceed this number.
The party to whom the interrogatories are directed must serve their answers and any objections within 30 days, although a respondent may be allowed up to 45 days. The court may grant a shorter or longer time frame if deemed necessary.
Interrogatories must be served on the party to whom they are directed, and copies must be served on all other parties. A certificate of service must be filed, indicating the date of service and the name of the party served. The answers must then be served on the party that originally propounded the interrogatories, and copies must be served on all other parties.
Responses to interrogatories must not be filed with the court unless they are admitted into evidence and comply with the relevant rules. The responding party must file Form 12.930(d), Notice of Service of Answers to Standard Family Law Interrogatories, with the court.
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Modification interrogatories
In Florida, interrogatories are a standard part of family law proceedings. They are a set of questions that are used to request information from another party in writing, which must then be answered in writing and notarized. Interrogatories are served on the party to whom they are directed, and copies must be served on all other parties. A certificate of service of the interrogatories must be filed, including the date of service and the name of the party to whom they were directed.
Florida Family Law Rules of Procedure Form 12.340 outlines the rules for interrogatories. There are two types of interrogatories used in family law proceedings: initial interrogatories and modification interrogatories. Modification interrogatories are used in cases involving the modification of a final judgment and must follow the format set out in Florida Family Law Rules of Procedure Form 12.930(c).
In addition to the standard interrogatories, up to ten additional interrogatories, including subparts, may be sent to a party. However, leave of court is required to exceed ten additional interrogatories. The party to whom the interrogatories are directed must serve their answers and any objections within 30 days, although a respondent may serve answers or objections within 45 days. If the served party does not answer or object within the time limit, a judge may order sanctions.
The answering party may object to a question by stating a legal reason for the objection, and they may also request a protective order to be excused from answering certain questions to protect themselves from embarrassment, undue burden, or expense.
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Additional interrogatories
In Florida, there are two types of interrogatories used in family law proceedings. These are initial interrogatories and additional interrogatories.
If a party wishes to exceed ten additional interrogatories, they must seek leave of court. The procedures and scope of these additional interrogatories are governed by Florida Rule of Civil Procedure 1.340.
Rules for Serving Interrogatories
Interrogatories must be served on the party to whom they are directed, and copies must be served on all other parties. A certificate of service must be filed, stating the date of service and the name of the party to whom the interrogatories were directed. The answers to the interrogatories must then be served on the party who originally requested them, and a copy must be served on all other parties.
The party answering the interrogatories generally has thirty days to respond, although this deadline can be extended or shortened by the court. The answers must be served on the requesting party and must comply with Florida Rule of General Practice and Judicial Administration 2.425.
Interrogatories may relate to any matters that can be inquired into under Rule 12.280(b), and the answers may be used as evidence, except as otherwise provided by the rules of evidence. An interrogatory is not objectionable merely because it involves an opinion or calls for information not within the personal knowledge of the party.
Objections to Interrogatories
The answering party may object to a question by stating the legal reason for the objection. They may also request a protective order from the court, which would excuse them from answering certain questions to protect them from embarrassment, undue burden, or expense.
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Serving of responses
In Florida, there are two types of interrogatories used in family law proceedings. Interrogatories are requests for information, in the form of standard questions, that must be answered in writing and then notarized.
Responses to interrogatories must be served on the requesting party. Responses must not be filed with the court unless they are admitted into evidence and are in compliance with Florida Rule of General Practice and Judicial Administration 2.425. The responding party must file with the court Florida Family Law Rules of Procedure Form 12.930(d), Notice of Service of Answers to Standard Family Law Interrogatories.
The party to whom the interrogatories are directed must serve the answers and any objections within 30 days after the service of the interrogatories. However, a respondent may serve answers or objections within 45 days after service of the process and initial pleading on that respondent. The court may allow a shorter or longer time.
The answers to the interrogatories must be served on the party originally propounding the interrogatories, and a copy must be served on all other parties by the answering party. A certificate of service of the interrogatories must be filed, giving the date of service and the name of the party to whom they were directed.
If the served party does not answer or object within the time limit, a judge has the discretion to order sanctions against the party. The answering party is permitted to object to a question by stating the legal reason for their objection. They may also request a protective order to be excused from answering certain questions to protect themselves from embarrassment, undue burden, or expense.
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Time to respond
In Florida, there are two types of interrogatories used in family law proceedings. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories. However, a respondent may serve answers or objections within 45 days after service of the process and initial pleading on that respondent. The court may allow a shorter or longer time.
Interrogatories must be served on the party to whom the interrogatories are directed, and copies must be served on all other parties. A certificate of service of the interrogatories must be filed, giving the date of service and the name of the party to whom they were directed. The answers to the interrogatories must be served on the party that originally propounded the interrogatories, and a copy must be served on all other parties by the answering party.
The initial interrogatories to parties in original and enforcement actions must be those set forth in Florida Family Law Rules of Procedure Form 12.930(b). Parties governed by the mandatory disclosure requirements of rule 12.285 may serve the interrogatories set forth in Florida Family Law Rules of Procedure Form 12.930(b). Ten interrogatories, including subparts, may be sent to a party, in addition to the standard interrogatories contained in Florida Family Law Rules of Procedure Form 12.930(b).
For parties governed under the disclosure requirements of rule 12.285(d) (income or expenses of $50,000 or more), the answers to the interrogatories contained in Form 12.930(b) must be automatically served on the other party. For parties governed under the disclosure requirements of rule 12.285(c) (income and expenses under $50,000), the service of the interrogatories contained in Form 12.930(b) is optional.
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Frequently asked questions
In Florida, there are two types of interrogatories used in family law proceedings. Ten interrogatories, including subparts, may be sent to a party, in addition to the standard interrogatories contained in Florida Family Law Rules of Procedure Form 12.930(b) or Form 12.930(c).
Interrogatories must be served on the party to whom they are directed, and copies must be served on all other parties. A certificate of service of the interrogatories must be filed, giving the date of service and the name of the party to whom they were directed.
Interrogatories must generally be answered within 30 days, although a respondent may serve answers or objections within 45 days. The court may allow a shorter or longer time if deemed necessary.
