question about Interrogatories

[David Jonathan]

What is the name of your state (only U.S. law)? Minnesota (Ramsey County)

Question about the Interrogatories. Minnesota Rules of Civil Procedure rule 33.01(a) stated that you can only serve 50 interrogatories upon another party. Is that 50 questions per request, or 50 total (meaning, I could send 45 now and 45 later)

Thanks in advance!

--Dave.

I found the rules here:
http://www.mncourts.gov/rules/civil/rcp.htm

[You Are Guilty]

Originally Posted by David Jonathan

What is the name of your state (only U.S. law)? Minnesota (Ramsey County)

Question about the Interrogatories. Minnesota Rules of Civil Procedure rule 33.01(a) stated that you can only serve 50 interrogatories upon another party. Is that 50 questions per request, or 50 total (meaning, I could send 45 now and 45 later)

Thanks in advance!

--Dave.

I found the rules here:
[url=http://www.mncourts.gov/rules/civil/rcp.htm]Minn. R. Civ. P.[/url]

This stuff is (obviously) state specific, and I am not familiar with MN's particular rule, but in the other half dozen states I deal in, it is uniformly 50 questions in total. So while you could serve 2 demands of 25 each, 2 of 50 each wouldn't fly. (And most courts will interpret each "sub part" to a question as an individual question.)

Odds are this issue is spelled out in the MN caselaw, if you have access to it to look.

[sandyclaus]

You'll have to research discovery law for your state, but it almost always allows for more than the specified amount WITH leave of court. To do so you'll have to justify it and maybe even file a motion with the court to approve the additional interrogatories.

Google Minnesota Discovery Law to find what you need.

[David Jonathan]

I've been searching, and I can't find anything that says determinately whether or not it's 50 total, or 50 at a time.

The problem here is this.

My girlfriend is involved in a custody battle. Her ex's attorney sent over 16 questions.

Inside those 16 questions, you can count up to a total of 74 questions.

She objected to the attorney breaking MN RCvP 33.01a and stated that she respectfully refuses to answer the questions without an order from the court.

He sent her an email, threatening her with $2000.00 in attorneys fees for deposition, more interrogatories, etc. etc. etc.

She replied with something to the effect of "you can go ahead and threaten me with those attorneys fees, but you would have to get a judge to believe that you sent less than the 50 interrogatories, and there is proof on record that it is more than 50, so at the end of the day it's your client who has already expressed to anyone with ears that he can hardly afford to pay you as it is, who will be paying."

He wrote back being extremely rude and said "well I'll just send two sets of questions then"

That's why my girlfriend is asking me to ask if it's just a total of 50, or if you can send 50 at a time ... additionally at the end of his first set of interrogatories it says that they are to be "continuing" and more may follow.

She's already got the answers put together, in case a judge does say she needs to answer - but she's really just doing this to piss him off, because he's done nothing but attempt to piss her off.

And, I've got two more questions, but I've gotta ask those in their appropriate forums.

Thank you guys so much for all your help. Even answers I don't "want" to hear, it's better to know the facts, even if we're wrong. (that's why I'm not an attorney, and that's why I don't hand out legal advice)

--Dave.