Fill and Sign the Discovery Interrogatories and Requests for Production for Custody Matter Minnesota Form

STATE OF MINNESOTA DISTRICT COURT COUNTY OF             JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No.             , Petitioner, AND INTERROGATORIES       , Respondent, TO: YOU WILL PLEASE TAKE NOTICE that the undersigned as attorney for demands that answer in writing under oath, fully and completely, pursuant to Rules 26 and 33 of the Minnesota Rules of Civil Procedure for District Courts, the following Interrogatories and that the Answers be signed by the person making them and that they be served upon the undersigned counsel within thirty (30) days after service of these Interrogatories. INSTRUCTIONS In answering these Interrogatories, furnish all information which is available to you, including information in the possession of your attorneys or investigators, for you or your attorneys, and not merely information as may be known of your own personal knowledge. If you cannot answer the following Interrogatories in full after exercising due diligence to secure the information to do so, state the answer to the extent possible, specifying your inability to answer the remainder, stating whatever information or knowledge you have concerning the unanswered portion. - 1 - These Interrogatories shall be deemed to be continuing until and during the course of trial. Information sought by these Interrogatories that you obtain after you serve your answers must be disclosed by supplementary answer. It is demanded that the Interrogatory precede its answer as required by Rule 33.01 (4) of the Minnesota Rules of Civil Procedure. Pursuant to Rule 34 of the Minnesota Rules of Civil Procedure, please attach as exhibits all documents which have been prepared in connection with this proceeding or upon which you may expect witnesses to rely or such other documents as may be requested in the accompanying Request for Production of Documents. Where a question can be answered by copying a document, then please do so and attach a copy of the document to your answers. INTERROGATORY NO. 1 Present Employment . For each current employer, state the name, address, and telephone number of that employer, and also state: A) The date you commenced your employment; B) Your job title or position; C) Your gross monthly salary if applicable or the average of total gross monthly wages paid to you this year; D) State the amount presently deducted from your present gross salary each pay period and describe the character of each deduction. You are specifically requested to attach to your answers to Interrogatories photocopies of the pay check stubs you have received from your employer(s) during the last twenty-four (24) months or such other evidence of income as verify your income for the last twenty-four (24) months; INTERROGATORY NO. 2 Other Income . State the amount, character, and source of any other income including but - 2 - not limited to all payments of money or valuable property you have received from each source not set forth fully above in your answers to the foregoing interrogatories. Illustrative examples. The term other income as used in this interrogatory properly encompasses, merely by example , payments not set forth in answers to questions above received in compensation for other full-time, part-time, short-term, or irregular employment; all bonuses or commissions from any employers, clients, or principals; any payments you received in exchange for services performed by you for any businesses or clients; any form of dividend income, interest income, or gain on sale; trust or estate income; any regular periodic gifts from any source such as significant monthly or annual cash transfers from family or relatives; contributions by relatives to major purchases; and any grants or loans intended as student financial aid totaling more than your current tuition and fees at the time payment was made, for past five (5) years. INTERROGATORY NO. 3 Business Expenses . For each business expense reimbursed to you by any employer, business, or other client in the last twelve (12) months, itemize the date of the expense, the name of the employer, business, or other client, the date of reimbursement, the name and address of the party to whom the expense was paid, and the purpose of the expense. Provide copies of all vouchers or other reimbursement requests submitted by you to any such employer for any such expense within said period. In the event there are no such vouchers, submit the itemized statements and/or charge slips for any such expense incurred on a personal or corporate credit card. INTERROGATORY NO. 4 Personal Financial Statements . If you have given a personal financial statement to any party within the last thirty-six (36) months, identify by name and address the person or corporation to whom each statement was given and the date of each statement and attach a copy - 3 - of each such statement. INTERROGATORY NO. 5 Deferred Compensation . With regard to any current employment, or any business in which you presently have an ownership or equitable interest, state whether you have any agreements for deferred compensation with any such employer or business; if so, state the date of and the parties to any such agreement, and identify the name and address of the person(s) in possession of the document representing such agree ment, and summarize the terms of any agreement. INTERROGATORY NO. 6 Health and Medical Insurance . For all medical, hospitalization, dental, orthodontic, and disability insurance coverage under which you or your dependents are, or within the last twenty- four (24) months have been, covered, and for any group coverage now available to you through your employment or other affiliation, state: A. The name of the company; B. Policy number, if applicable; C. Person(s) now or previously covered; and D. If no longer covered, the date and reason for t ermination. E. The actual or potential cost to you of coverage through that plan assuming coverage for yourself and all currently covered family members and including subject minor child(ren) herein. F. The actual or potential cost to you of coverage through that plan assuming coverage for yourself and all currently covered family members but excluding subject minor child(ren) herein. G. For all group insurance plans now available to you, provide a complete prospectus or equivalent information including all coverage options including specific coverage limits and deductibles and corresponding premium costs. - 4 - INTERROGATORY NO. 7 Medical Treatment . Set forth with particularity any and all health care treatment you have sought or undergone for the last five (5) years to the date of the answers to these Interrogatories, whether sought of a medical doctor, nurse practitioner, clinical staff under a physician's direction, osteopath, chiropractor, herbalist, acupuncturist, hypnotist, physical therapist, weight-loss counselor, or any other practitioner of the healing or counseling arts, and with respect to each such incident set forth the names and addresses of the person to whom you went, the symptoms you described to each such person, the treatment you received and the result thereof. INTERROGATORY NO. 8 Professional Evaluation. If you have been seen, tested, evaluated, or treated within the last five (5) years by any mental health care professional or any similar person such as a psychiatrist, psychologist, sociolog ist, social worker, family counselor, mental health consultant, marriage counselor, couples counselor, pastoral counselor (if paid specifically for consultations), chemical dependency counselor, or other practitioner of the healing or counseling arts, identify the professional by name, address and area of practice, state the date of each contact with the professional, explain the purpose of each contact, and indicate whether the contacts are continuing. INTERROGATORY NO. 9 Prescription Medication. Describe any prescription medication which you presently take or have taken in the last twelve (12) months, the reason for the prescription, and the name and address of the physician ordering the prescription. INTERROGATORY NO. 10 Medications/Drugs . Set forth with detail the extent, purpose, and effect of your usage of any other various drugs, prescription medicines, psychoactive substances, or controlled substances you use or have used within the last five (5) years. - 5 - INTERROGATORY NO. 11 Domestic Abuse or Anger Counseling Describe in detail any domestic abuse or anger counseling, treatment, training, support group attendance, or similar activities you have participated in your life, listing the names and address of facilities or programs and setting forth whether you completed the recommended course of each program or activity. INTERROGATORY NO. 12 Facts Supporting Custody Claim . Set forth all of the facts upon which you will rely to establish physical custody of the minor child(ren) subject to this proceeding with yourself rather than with . INTERROGATORY NO. 13 Joint Physical Custody . If you are seeking joint custody of subject minor child(ren), state the following: A. Your assessment of the ability of the parents to cooperate in the rearing of the minor child(ren). B. Your proposed method of resolving disputes regarding any major decisions concerning the life of the minor child(ren) and your assessment of the willingness of the parents to use those methods; C. Whether you feel it would be detrimental to the minor child(ren) if had sole authority over the minor child(ren)'s upbringing and, if so, for what reason. INTERROGATORY NO. 14 Witnesses Relative to Custody . Set forth the identity, addresses and telephone numbers of any and all persons you intend to call, or may call as witnesses relative to the custodial issues in this matter. INTERROGATORY NO. 15 Custody Expert Witnesses . With respect to any expert witnesses you intend to call - 6 - concerning the custody of the minor children state the following: A. Name, address and telephone number of such person; B. The field of expertise of each such person; C. The fact(s) as to which each of said persons will testify; D. The opinion which you expect to elicit from each said person and the basis upon which each such opinion is based. INTERROGATORY NO. 16 Custody Plan . Set forth with particularity your plan for daily and long-term care and custody of subject child(ren) including housing, financial support, medical care, religious training, training in ethics and cultural values, day care, school enrollment, vacations, visitation transfers, discipline, and any other matters you feel are significant to your fitness as a caretaker and custodial parent. INTERROGATORY NO. 17 Statements Relative to Custody . Have you taken any statements from any person(s) relative to the custodial issue in this case? If your answer is in the affirma tive, state the following: A. Name, address, and telephone number of the person whose statement was taken; B. Name, address, and telephone number of the person having the present possession of said statement(s); C. Whether said statement will be voluntarily provided to counsel for       without the necessity of a formal motion and/or whether counsel for       will be allowed to photocopy said statement(s) without the necessity of a formal motion. INTERROGATORY NO. 18 Documents Requested. If any of the documents requested in the Request for Production of Documents previously served has been destroyed, please list the date of its destruction, the - 7 - reason therefore, and the identity of the person who authorized such destruction. If you have been unable to locate any of the documents requested in the Request for Production of Documents served contemporaneously with these Interrogatories, please describe all attempts to locate such documents. INTERROGATORY NO. 19 State the nature and exact present location of any documents reflecting any of the information requested above. The effect of these interrogatories is continuing, and Respondent shall be required to produce promptly updated responses reflecting current information through judgment or trial. Dated: Name: Title: Address: Address: City, State, Zip: Phone: Fax: E-Mail: Attorney Reg. No.: - 8 - CERTIFICATION The undersigned attorney has read the foregoing request, response, or objection, and to the best of the signor's knowledge, information and belief, formed after reasonable inquiry, the same complies with Minnesota Rules of Civil Procedure 26.07. Dated: _________________ ____________________________________ (Attorney's Name) Attorney for (Petitioner/Respondent) (Address) (Address) (Address) (Telephone) (Attorney Reg. No.) - 9 - STATE OF MINNESOTA DISTRICT COURT COUNTY OF             JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No.             , Petitioner, REQUEST FOR AND PRODUCTION OF DOCUMENTS       , Respondent, Pursuant to Rule 34 of the Rules of Civil Procedure of the District Court of Minnesota, Petitioner/Respondent requests that Petitioner/Respondent produce and permit Petitioner/Respondent , or someone acting on Petitioner/Respondent 's behalf, to inspect and copy documents and data compilations designated as follows: PLEASE NOTE THAT OBJECTION WILL BE MADE AT OR BEFORE THE TIME OF TRIAL TO ANY ATTEMPT TO INTRODUCE EVIDENCE WHICH IS SOUGHT BY THESE REQUEST FOR PRODUCTION OF DOCUMENTS AND TO WHICH FULL DISCLOSURE HAS NOT BEEN MADE. 1 . DOCUMENTS UNDERLYING ANSWERS TO INTERROGATORIES. Any and all documents, correspondence, memoranda or other writings identified in your Answers to Interrogatories, which Interrogatories have been served contemporaneously herewith. 2 . FINANCIAL STATEMENTS. Any and all financial statements or copies of such statements, furnished by you to any bank or other lender, or otherwise prepared, in the last five (5) years. 3 . TAX RETURNS AND INCOME FORMS. Copies of your individual state and - 10 - federal income tax returns (including all W-2 wage statements, K-1s, federal forms 1099, and any other schedules and attachments thereto) filed by you individually or jointly with your spouse, for the past five (5) tax years for which you filed. For any income tax returns not yet filed, provide copies of all W-2 wage statements, K-1s, federal forms 1099, and any other documents upon which you will rely in the preparation of said returns. 4 . CURRENT PAYROLL RECORDS. Copies of any and all pay stubs you have received from your employer during the current year or a verified statement from your employer, showing gross earnings, all deductions, and net take home pay. 5 . EMPLOYMENT AGREEMENT. Unless provided elsewhere, any employment agreement, consulting agreement, or any and all documents relating to your remuneration and other benefits from employment. 6 . FRINGE BENEFITS. All records showing any fringe benefits paid to you from any business entity including, but not limited to, auto expense, travel expense, personal living and entertainment expenses, life insurance, bonuses, accident and health insurance during the last five (5) years. 7 . FUTURE BENEFITS. Any and all contracts or plans under which you are receiving or may in the future receive compensation or benefits, including, but not limited to, ESOP plans, thrift savings plans, stock option plans, and bonus plans, together with such documents as will show the nature and extent of your interest in any such plan. 8 . OTHER INCOME. Any and all documents evidencing payment of any other income to you. 9 . HEALTH INSURANCE AND OTHER BENEFITS. Copies of any and all documents that you currently have in your possession or which you could obtain through reasonable effort pertaining to any medical, hospitalization, dental, orthodontic, and disability insurance policy or plan under which you and/or your spouse are covered, or which is available to you through any past or present employer, or other insurance company, including a copy of any policy or policies and copies of all brochures describing benefits available to you and/or - 11 - your dependents from your place of employment. 10 . LIFE INSURANCE POLICIES. A photocopy of each of the policies of insurance maintained by you at any time in the last five (5) years. 11 . PENSION AND/OR PROFIT SHARING PLANS. If you have any interest in any pension and/or profit sharing plan, then obtain and forward copies of the following for each plan in which you participate. a . Summary Plan Description; b . Latest Summary Annual Report and any subsequent report(s); c . Current Statement of Accrued Vested Benefits; d . IRS Form 5500C, or its equivalent, for the years 1993 to date, if applicable; and e . Copies of the annual accounting, filings and tax returns for any such plans since 1993 to the present. 12 . REAL ESTATE. Copies of any and all files and records regarding real estate in which you currently have or claim an interest, including, without limitation, earnest money agreements, closing statements, appraisal reports, deeds, mortgages, contracts for deed, insurance policies, receipts for improvements and repairs, amortization schedules and current real estate tax statements. 13 . BROKERAGE STATEMENTS. Copies of all brokerage account statements for the last five (5) years which will show all securities owned by you, including, but not limited to, stocks, bonds, stock options, convertible debentures, warrants, mutual funds, treasury bills, tax exempt municipal or government bonds, other such securities or contingent securities or any other such accounts owned by you individually or jointly with another or owned by a business in which you have an interest, showing name of issuer, certificate number, number of shares, cost or other basis information, offering memoranda, subscription agreements, appraisal reports, offers to buy or sell such securities, and current values. - 12 - 14 . APPRAISALS. Any and all appraisals done for your benefit for any property or assets in which you have had an interest in the past five (5) years to date. 15 . TAX DEFERRED RETIREMENT OR OTHER INVESTMENT ASSETS. A photocopy of all extant documentation showing the acquisition and present ownership by you for the last five (5) years, or the present value, refund value, or income realized from any interest(s) of or in any such asset, including but not limited to tax deferred retirement assets, tax shelters, or any other investment assets, IRA's, Keogh's, 401k's, private pensions, annuity life insurance policies, cattle futures, rolling stock, mutual funds, brokerage accounts, or any other investment owned by you in that period. Documentation in that sense includes but is not limited to ownership certificates, US-IRS Form 1099's, periodic statements issued by any such investment fund, sale agreements, records of sales, receipts issued for purchase or sale, or any other document indicating ownership, value, or income from any investment asset, including loss- producing investments, owned by you. 16 . CASH ACCOUNT RECORDS. Your check register(s), bank statements, canceled checks, and account records regarding deposits and withdrawals for the last five years for each depository at which you had any checking or savings accounts (including cash, money market, certificates of deposit, trust certificates, cash equiva lencies, or other cash accumulation accounts, etc.) in your own name and/or jointly with any other party, or held or maintained by others on your behalf as your agent, including any business trust accounts and business accounts. 17 . FINANCIAL POSITION. Any and all other documents in your possession, custody or under your control which evidence your current financial position, living expenses and liabilities. 18 . WILLS OR TRUSTS. If you have created any wills or trusts, either irrevocable or revocable, provide copies of each will and/or trust instrument establishing such trust and all accounting received or prepared in the last two (2) years to the date hereof. 19 . BENEFICIAL INTEREST. If you are the beneficiary under any probate or other similar proceeding, then obtain and forward a copy of the will, estate or other tax returns, - 13 - inventory, schedule of non-probate assets, accounting, and other documents relating to your interest. 20 . EXPERT REPORTS. Provide copies of all evaluations, compilations and other expert reports you have received or obtained concerning any matter involved in the dissolution proceeding. 21. MEDICAL CHARTS AND OPINIONS. Provide copies of all medical charts, recommendations for treatment, letters, prescriptions, medical excuses submitted to employers or school officials, written statements of medical opinion, or any other documentation reflecting observations, opinions, or actions of examining, treating, or consulting medical personnel or other professional persons such as a psychiatrist, psychologist, sociolog ist, social worker, family counselor, or other professional, which you refer to or intend to refer in affidavits or testimony or which you intend to introduce at trial. 22. LITIGATION DOCUMENTS. Provide copies of all pleadings served OR filed in any pending legal proceeding, or copies of any executed settlement agreement AND dispositive court order in any resolved legal proceeding, in which you have been named as a party in the last five (5) years. 23. TRIAL EXHIBITS. Provide copies of all documents which you will or may introduce at trial concerning any matters involved in the dissolution proceeding. It is requested that the above-designated documents and data compilations be made available for visual inspection and selective copying at the offices of (Attorney's Name) , Attorney at Law, (Attorney's Address) , (City) , Minnesota (Zip) , within thirty (30) days from the date of these Requests. This discovery is continuing until judgment or trial. If additional requested documen tation becomes available, you are under a duty pursuant to Rule 26.05 of the Minnesota Rules of Civil Procedure to inform Petitioner/Respondent 's counsel and to permit inspection and copying of it. - 14 - Dated: __________________ ___________________________________ (Attorney's Name) Attorney for (Petitioner/Respondent) CERTIFICATION The undersigned attorney has read the foregoing request, response, or objection, and to the best of the signor's knowledge, information and belief, formed after reasonable inquiry, the same complies with Minnesota Rules of Civil Procedure 26.07. Dated: __________________ _________________________________ (Attorney's Name) Attorney for (Petitioner/Respondent) (Address) (Address) (Address) (Telephone) (Attorney Reg. No.) - 15 -