Question:
I received discovery interrogatories by regular mail. I have finished my answers and I also need to send my interrogatories to my ex-wife as well.
Do I have to properly serve them or is sending them by regular mail enough?
Also, do I have to deposit a copy of my interrogatories and responses in court?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Minnesota divorce laws where I am licensed to practice.
Where I practice, it is permissible to serve and answer discovery by mail. In order to do so, however, you must include an Affidavit of Service.
The Affidavit of Service must state when you mailed the interrogatories and the answers to interrogatories and to what address you mailed them. Your signature on the affidavit must be notarized. Also, by mailing it, you will add 3 days to the response time. In other words, discovery answers are typically due 30 days from service.
If you mailed the interrogatories, the response would be due 33 days from when you mailed the interrogatories. As for your answer, if you wish to mail it, make sure you mail your response 3 days before the due date to account for the mailing rule. Thus, if you answer was due October 26, you will need to mail your response by October 23.
Discourse on Discovery:
As for depositing answers to interrogatories in court, local rule prohibits their deposit with the court. They can only be filed if they are admitted as an exhibit in litigation.
As a result, retain your answers and affidavit of service for your file, and do not file with the court unless they must be filed as part of the ongoing litigation.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Minnesota Divorce Lawyer Andrew J. Laufers, contact Cordell & Cordell.
