§ 22.04 WRITTEN INTERROGATORIES TO SPOUSE

• Jurisdiction: Washington

§ 22.04 WRITTEN INTERROGATORIES TO SPOUSE

[1] Use and Scope

After the filing of the petition for dissolution or separation, or after service of the summons and petition, whichever is first, written interrogatories may be served upon the adverse spouse. CR 33(a). The responding party has 30 days to answer the interrogatories, or until within 40 days after service of the summons and the petition upon the responding party, whichever is later. If objections are to be filed, the objections must be filed within the same time frame. Id. In the event that there are other parties to the action, such as a relative petitioning for parenting rights, interrogatories may also be served upon the additional party.

The answers to the interrogatories may be used within the scope of CR 26(b), as outlined in § 22.03, above. To the extent permitted by the Rules of Evidence, the questions and answers may be used as substantive evidence in the spouse's case in chief at the time of trial. CR 33(b). This is useful when the opposing spouse's opinion as to values is offered as substantive evidence in the case in chief.

Practice Tip: Try to obtain a commitment through interrogatories as to the fair market value of assets, especially personal property such as household goods, collectibles, jewelry, boats, airplanes, and automobiles. If the stated value is reasonable and acceptable to the client, read the interrogatory and the answer as to values into the record prior to the close of your case. This same method may be used to establish liabilities.

CR 33(b) provides that an interrogatory that is otherwise proper is not objectionable merely because the party who propounded it may have other access to the requested information or has the burden of proof on the subject matter of the interrogatory at trial.

Example: Spouse #1 sends an interrogatory to Spouse #2, asking for the location of all savings and checking accounts owned by the parties, whether separate or community property. Spouse #2 is required to answer. It is not proper to reply, "Objection. My husband knows where all the accounts are."

[2] Objections to Interrogatories

Objections must be signed by the attorney. Answers must be signed under oath by the party answering them. The answers may be stricken unless signed properly.

Examples of objections:

• vague, ambiguous
• calls for legal conclusions
• overly broad
• unduly burdensome and expensive
• privileged
• seeks facts known or opinions held by experts acquired or

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