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Gathering Evidence

Form Interrogatories

The Judicial Council drafted general questions for civil and family cases. The questions include the parties name, address, driver license information, requests for reimbursements, payment for attorney fees, employment information, etc. The two forms for Form Interrogatories are DISC-001 and FL-145.

Special Interrogatories

These interrogatories are special questions that you can specifically ask to the other party, and are relevant to the legal proceeding. Each question must be specific, and cannot assume facts that have not been declared in the case. The purpose of the questions is to gather information that is directed to pivotal points in the case. It is important that you do not draft questions that in response you receive an array of objections. For example, you may not ask more than 35 interrogatories unless good cause exists for more than 35.

Request for Production of Documents

This is your request that the other party provide documents that are necessary for you to understand the financial and other unknown aspects of your case. This may be tax returns, credit card statements, or offshore bank accounts at a specific time period.

Request for Production of Tangible Items

This is your request that the other party provide items that are necessary for you to locate because it is relevant to your case. For example, photographs, calendars, or a garage opener may be produced.

Inspection Demand

This is your request to inspect documents, items or property. The purpose for the inspection is to discover financials, deeds or other items that will help prove the missing piece(s) to your case.

Request for Admissions

This is your request that the other party admits or denies factual statements you believe to be fact. The other party must sign their responses under penalty of perjury, just like all discovery responses.

Private Investigation

You may hire a private investigator to assist you in unknown aspects of your case, such as catching your ex smoking marijuana while caring for your children. The Court may not necessarily accept the investigation as evidence, so you will need a declaration from the investigator.

Business Records Subpoena

This is your request that institutions produce their business records. The subpoena serves as a Court order. You must first provide notice to the party that you are seeking records about. There is a time frame from when you serve the notice on the party and the time from when you serve the institution with the subpoena.

Subpoena for Personal Appearance

This is your request that a particular person appears at a deposition or a court hearing. The subpoena serves as a Court order. The person you served a subpoena to may also be ordered to provide business records to supplement their testimony at the hearing.

Deposition

This is your request to ask questions to the other party while a reporter is recording every word that is being said. The deposition is the same as giving testimony before a Judge. The questions may take up to seven (7) hours. You can question the other party or any witnesses in your case. You must notice the deposition to the party being questioned at least 10 days before the deposition date.

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