Interrogatories in Texas Family Law | Family Attorney

In the context of a Texas family law proceeding, such as a divorce, interrogatories serve as a crucial instrument during the discovery phase of the trial. This phase is pivotal, as it facilitates the collection of pertinent facts and evidence for both parties involved. Interrogatories, specifically tailored to Texas family law matters, comprise a series of inquiries crafted by one party for the other. These questions delve into various aspects relevant to the case, aiming to elucidate key points and gather essential information.

Upon receipt of these interrogatories, the responding party is obligated to provide written answers within a timeframe typically set at 30 days. However, the gravity of this task is underscored by the requirement that these responses be sworn to under oath. This solemn affirmation, expressed through a signed verification, attests to the veracity and accuracy of the provided answers. Moreover, it emphasizes that the responses are grounded in the responding party’s personal knowledge.

Importantly, the responding party retains the prerogative to object to any interrogatory question deemed objectionable for valid reasons. Additionally, they may assert privilege claims where appropriate. These provisions ensure a fair and judicious interrogation process, safeguarding the rights and interests of all parties involved in the proceedings.

If you need a family law attorney, contact the Varghese Summersett Family Law Group. We have an unparalleled track record of providing our clients with dedicated legal services.

Interrogatories are a cost-effective way of handling discovery and are typically straightforward. The questions are used to find out facts about a case. Typically, in Texas divorce cases, interrogatories involve lists. Common lists used in interrogatories are both spouses’ assets and the details, including mileage, year, make, and model of all vehicles each party owns.

If the interrogatory isn’t relevant to the case, it will be deemed irrelevant. One party cannot ask the other party for information about anything irrelevant to the case. For example, in a divorce case, a party could not ask for the names and contact information of all the medical doctors of the other party’s father. The request is not relevant to the divorce at hand and wouldn’t require an answer if part of interrogatories in Texas family law.

Interrogatories in Texas family law case are often used during custody fights to attempt to uncover what the other side is planning or thinking.

For example, one party could ask the other through an interrogatory:

Why do you think living in Tarrant County is in your child’s best interest?

OR

Why do you think it’s not in your child’s best interest that your spouse be appointed a Joint Managing Conservator?

Each party can typically request the opposition answer 25 interrogatories in Texas family law cases. If more than 25 interrogatories are requested, the other party can ignore the additional questions. In fact, if this occurs, the requested party should object.

Besides the reason above, a party may object to interrogatories in Texas family law case on an issue of relevance or if the question calls for privileged data.

If the interrogatory isn’t relevant to the case, it will be deemed irrelevant. One party cannot ask the other party for information about anything irrelevant to the case. For example, in a divorce case, a party could not ask for the names and contact information of all the medical doctors of the other party’s father. The request is not relevant to the divorce and wouldn’t require an answer if sent through interrogatories in Texas family law.

Any request that requires a party to provide exorbitant amounts of details information that border on irrelevancy could be classified as an overly burdensome interrogatory.

Example No. 1: Asking for bank transaction information for the previous two years.
Example No. 2: Asking for phone records for the previous five years.

Both of these would require the requested party to devote too much time to research and produce.

Yes, answers received through interrogatories can be used in a Texas court. Each answer to an interrogatory is sworn to be true and accurate. This can work to one party’s advantage if the other party is less than truthful while testifying in court. For instance, if a party answers an interrogatory by stating they only own one vehicle, a 2019 Toyota Highlander, and then testifies during a trial and under oath that they also own a Yamaha motorcycle and a Ford F-150 truck, the opposing attorney can show, based on the interrogatory answer that the party is lying and can’t be trusted.

Any information that is sensitive and private, such as confidential medical information, is typically deemed privileged information in a family law court.
A party can object to an interrogatory that calls for such information.

Health information is protected by the Health Insurance Portability and Accountability Act, often shortened to HIPAA. The 1996 bill prevents medical information from being disclosed to anyone other than the patient without their consent.

Example No. 1: Asking for any prescribed medication information
Example No. 2: Asking for information about a party’s therapy sessions.

Whether you’re going through a divorce, child custody fight, or another family law case, you need a dedicated, experienced Texas family law attorney. The Varghese Summersett Family Law Group has a combined three decades of experience fighting for its clients in and out of the courtroom. For a consultation, call us at 817-900-3220.