Rule 68 - Dissolution of Marriage
Rule 68.4.1 - Standard Discovery for Use in contested Domestic Actions
1. In all actions for Dissolution of Marriage or Legal Separation, the court en banc approved standard sets of opening Interrogatories (Form 1402D) and Document Request (Form 1402F) shall be first used and automatically answered by both parties unless both parties stipulate in writing the case is not contested.
a. Within sixty (60) days of the date of service of the Petition, each party shall serve a copy of the answers to the Form 1402D Interrogatories and provide a response to the Form 1402F Document Request with the documents to the other party and a certificate of service to the court without either party being required to have actually served a copy of said Interrogatories or Document Request on the other party. The original Interrogatory Answers and original written Response to the Request for Production of Documents shall be maintained by the party.
2. In all Motions to Modify Child Support, Alimony and Maintenance, the court en banc approved standard sets of opening Interrogatories (Form 1402E) and Document Request (Form 1402G) shall be first used and automatically answered by each party and served on the other party unless both parties stipulate in writing the case is not contested.
a. Within sixty (60) days of the date of service of the Motion, each party shall serve a copy of the answers to the Form 1402E Interrogatories and provide a response to the Form 1402G Document Request with the documents to the other party and file a certificate of mailing with the court without either party being required to have actually served a copy of said interrogatories or document request on the other. The original Interrogatory Answers and original written Response to the Request for Production of Documents shall be maintained by the party.
3. In all actions for Dissolution of Marriage and Legal Separation, each party shall (unless both parties stipulate in writing that the case is not contested) within sixty (60) days of the date of service of the Petition execute and serve on the other party:
a. An original Authorization to Release Employee Benefits to the other party and that party's attorney (Form 1402H) directed to each current employer and to each former employer from whom the party is entitled to receive any employment or retirement benefits; and
b. An original Authorization to Disclose Financial Institution Records to that party and the party's attorney (Form 1402I) to each financial institution at which the party has maintained an account within the last 24 months or at which the party has an outstanding loan balance.
4. All standard discovery must be completed by the date of the case management conference.
5. All information requested in the above interrogatories and document requests shall be updated within 15 days prior to trial if any changes occur prior to the trial date except significant changes such as employment, income or expert witnesses which should be updated immediately.
6. Failure to timely comply with this rule shall at the discretion of the judge result in sanctions including but not limited to the noncompliant party being prevented from presenting affirmative evidence as to the matters inquired into in the interrogatories, document requests and releases.
Adopted 1/23/04
Effective 2/23/04