Interrogatories
TO:
____________________
,
____________________ , ____________________ ,
Pursuant to Rule 33 of the Rules of Civil Procedure of the District Courts of Minnesota,
demands answers to the following Interrogatories.
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 INTERROGATORIES AND TO WHICH FULL DISCLOSURE HAS
NOT BEEN MADE.
IDENTITY
1 . State your present address, including the names of any individuals residing with
you, and social security number.
ASSETS
2 . Assets. Please set forth in detail each and all of your assets (including all real,
personal and/or mixed property and retirement funds), furnishing as to each such asset the
following information:
a . A complete description of each (for example, if real property, set forth the
address and full legal description, and if securities, set forth name of issuer and date of issue,
certificate number and number of shares or other type of denomination);
b . The exact name or names of the record and/or registered owner;
c . The date of acquisition, the source and amount of any down payment and
your basis for tax purposes;
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d . The amount of said property you claim as nonmarital property;
e . The original cost, if any, and if the same was acquired in any other manner
than by purchase on your part, please describe the manner of such acquisition, providing all
relevant details;
f . The fair market value as of the date of your answers to these Interrogatories;
g . The encumbrances, if any, against the asset, setting forth the name and
address of the claimant, the date of encumbrance, the original amount, the terms of repayment, the
balance as of the date of your answers to these Interrogatories, and the amount, if any, of any
default in the repayment of the encumbrance currently in existence;
h . State whether or not any appraisal of the value of any such asset has been
made during the last five years and, if so, state the name of each appraiser, the date of such
appraisal, the results of each appraisal, and the locations of any written appraisal report.
3 . Profit Sharing, Pension or Retirement Plans. Unless provided in your answer to
Interrogatory No. 2, regarding any profit sharing, pension or retirement plans, accounts, or
programs of any kind, including IRAs, Keogh Plans and employer provided plans, state:
a . The gross amount of your beneficial interest, whether vested or not vested;
b . The vesting schedule and your current vested portion;
c . The fair market value of your interest in the plan;
d . The calculations or data which support your conclusions concerning the
value of the plan;
e . The names and addresses of the trustee and administrator of the plan;
f . The contributions made to the plan for you, whether by you or your
employer and whether voluntary or not, for the past three plan years.
4 . Business/Professional Interests. Unless provided in your answer to Interrogatory
No. 2, state specifically for all business interests in which you have an interest:
a . The name and address of the business;
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b . The business activities and history of the enterprise from its inception;
c . The dates on which your interest in the business commenced;
d . Your proportionate share in the ownership and profits of the business;
e. List the company's stockholders and provide the following information:
Name of each shareholder
Classes of stock and amount owned
Relationships among shareholders
f. List any transactions of the company's stock during the past five years;
provide price number of shares, class of shares, and special circumstances, if any. Identify the
parties to the transactions and any relationships among them;
g. Furnish a history of the company, including:
Date company was founded, original name, and
original business purpose.
Date and state of incorporation.
Any material changes in the name or business of the company since its
inception.
h. Describe the nature of the business and operations of the
company, including:
Names of subsidiaries or affiliates;
Company's major lines of business and, unit volume, revenues, and profit
contribution of each line for the past five years;
Major geographical markets served and percentage of revenues obtained
from each market;
Description of any related parties, including individuals, corporations or
other entities;
i. Discuss any changes anticipated in the immediate future in the nature of the
company's operations and whether or not any liquidation, in whole or in part, is intended;
j. List the five largest customers for each of the last five years and the amount
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of the sales to each by year;
k. Provide management's projection of total revenues and earnings for the next
three to five years in total and by division;
l. Describe any nonrecurring or special accounting terms during the five years that
are not specifically disclosed in the financial statements;
m. Describe management's projected needs for fixed asset additions for the next
five years, including the amounts and the source of funding for these assets (loan, funded from
operations, trade-in of existing equipment, etc.);
n. Provide the compensation for all owners or officers for the most recent five
years;
o. Identify any public companies considered most similar to the company;
p. If the company is a member of any trade associations, provide the names and
phone numbers of any persons who may be contacted; and
q. If any offers to purchase, sell or merge the company have been made in the
last five years, identify price, terms, and potential buyer.
5 . Life Insurance. Unless provided in your answer to Interrogatory No. 2, state
specifically for each policy of life insurance in which you have an interest, the following:
a . The name of each insurance company;
b . The number of each policy;
c . The owner of each policy;
d . The type of insurance (whether whole, endowment, level term, reducing
term, etc.);
e . The face amount of each policy;
f . The name(s) of the primary and/or contingent beneficiaries designated in
each policy. If there has been any change in ownership and/or in the primary or contingent
beneficiaries of any policy of life insurance during the past five (5) years, set forth all of the details
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with respect to the changes, including the date of such changes, and the name of the new
beneficiaries;
g . The present cash surrender value of each such policy; and
h . The amount and dates obtained, if any, of any loans against each such
policy.
6 . Securities. Unless provided in your answer to Interrogatory No. 2, state specifically,
with respect to your share holdings, including, but not limited to, stocks, bonds, stock options,
convertible debentures, warrants, mutual funds, treasury bills, tax exempt municipal or government
bonds, or other such securities or contingent securities, the following:
a . A complete description of each (setting forth the names of the issuer and
date of issue, certificate number and number of shares or other type of denomination);
b . The exact name or names of the record and/or registered owner;
c . The date of acquisition, and the source and amount of your basis for tax
purposes;
d . The amount of said property you claim as nonmarital property;
e . The original cost, if any (and if the same was acquired in any other manner
than by purchase on your part, please describe the manner of such acquisition);
f . The fair market value as of the date of the answers to these Interrogatories.
7 . Cash Accounts. Unless provided in your answer to Interrogatory No. 2, set forth the
names and addresses of each depository in which you had any checking, savings or other cash
accounts or assets (including cash certificates of deposit, trust certificates, cash equivalencies, etc.)
in your own name and/or jointly with any other party for the past five (5) full calendar years, and to
the date of your Answers to these Interrogatories, setting forth the type of account, the name(s) of
the owner(s), the account or certificate number, and the balance in each such account on the date of
your answers to these Interrogatories.
8 . Receivables. Unless provided in your answer to Interrogatory No. 2, do you hold
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any promissory notes from other persons or entities or do you have any outstanding loans or
accounts receivable due to you from any persons or entities? If so, state:
a . The original amount of each indebtedness to you;
b . The present amount owed;
c . The method of payment;
d . The interest rate and terms; and
e . The names and addresses of others, designating the extent of their interest,
who share an interest with you in any such notes or receivables.
9 . Vehicles, Aircraft, Etc. Unless provided in your answer to Interrogatory No. 2, list
and describe in detail each automobile, truck, boat, motorcycle, aircraft, or other vehicle owned,
driven or leased by you or by any corporation, entity, or other party on your behalf, stating:
a . The year, make and model of the vehicle;
b . The purchase price and date of purchase or the value and date of lease or
other acquisition by you;
c . The name and address of the registered owner;
d . The amount of any encumbrance, the holder of such encumbrance and the
payment schedule remaining;
e . Your opinion, if any, as to the fair market value of each such vehicle as of
the date of your answers to these Interrogatories.
10 . Real Property. Unless provided in your answer to Interrogatory No. 2, with respect
to each parcel of real estate which is presently owned by you, either individually or jointly, please
set forth in detail, furnishing as to each such parcel, the following information:
a . The legal description of each parcel of real estate;
b . The exact name or names of the record and/or registered owner;
c . The date of acquisition, source and amount of any down payment and your
basis therein for tax purposes;
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d . The amount of said property you claim as nonmarital property;
e . The original cost, if any (and if the same was acquired in any other manner
than by purchase on your part, please describe the manner of such acquisition);
f . The fair market value as of the date of your answers to these Interrogatories;
g . The encumbrances, if any, against the parcel, setting forth a name and
address of the claimant, the date of encumbrance, the original amount of the encumbrance, the
terms of repayment, the current balance owing, and the amount, if any, of any default;
h . State whether or not any appraisal of the value of any such property has to
your knowledge been made during the last five (5) years and, if so, state the name of each appraiser,
the date of such appraisal, the results of each appraisal, and the locations of any written appraisal
report.
i . The amount of fire and extended insurance coverage on each parcel and the
insurable value set forth in each policy of such insurance, and the names of each and every insured
and/or other beneficiary designated in each such policy of insurance;
j . The gross rents or income received for each property per year and annual
operating expenses if applicable.
11 . Cash Assets. Unless provided in your answer to Interrogatory No. 2, describe in
detail any other liquid assets in which you have any interest (whether or not in your name), whether
in the form of United States currency, foreign currency, precious metals, checks, drafts, money
orders, traveler's checks, or unpaid bonuses or commissions, listing separately as to each:
a . The name and address of each bank, financial institution or other individual
or entity holding said assets;
b . The type and value of each such asset;
c . The date each such asset was acquired;
d . The nature and description of your interest, be it ownership or otherwise, in
any such asset;
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e . The name and address of any other person or entity having an interest in any
such asset.
12 . Furs, Jewelry, Collectibles, Etc. Submit a schedule of all furs, jewelry, precious
stones, gold, silver and/or other precious metals, paintings, antiques and art work presently owned
by you or in which you have an interest, whether in your possession or in the possession of another,
setting forth as to each:
a . A description of each;
b . The purchase price;
c . The date of acquisition;
d . Your opinion of the present market value and the basis of your opinion;
e . The amount of any encumbrances against each;
f . The names and addresses of others, designating the extent of their interest,
which have an interest in them;
g . A description of any policies of insurance covering each item, including date
of policy, policy number, amount of policy, and terms of coverage;
h . The names and addresses of any appraisers who have appraised any item
described.
13 . Sales, Etc. of Property. If any sales, assignments, transfers or gifts of real or
personal property were made by you during the preceding five (5) years, setting forth:
a . A full description of any such real or personal property sold, assigned,
transferred or given;
b . The date of the transaction;
c . The name and address of the purchaser, assignee, transferee, beneficiary or
donee;
d . The terms of any such transaction, including any payments or consideration
to you, as to each asset sold, assigned, transferred or given;
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e . Complete detail as to the disposition by you of any proceeds received.
14 . Debts. For each debt owed by you to others, state:
a . The name and address of each creditor;
b . The initial and current amount of each debt;
c . Purpose of each debt;
d . Is your spouse a signatory on any document of obligation with respect to
such debt;
e . Which of said debts are yours, which are your spouse’s, and which are joint;
f . If any obligations are contingent in nature, set forth the nature of such
contingency in detail.
15 15 . Employment and Income. With respect to your employment and occupation, state:
a . The name and address of employer;
b . The title of the position you hold and a brief description of your duties,
including hours worked;
c . The date upon which you commenced the current employment or
occupation;
d . Whether or not you are employed pursuant to a written contract or contracts;
e . The amount of your salary/draw per each pay period (include gross and net
figures on a monthly basis showing specifically all deductions from gross to arrive at net);
f . State whether or not you receive any other remuneration directly or
indirectly by reason of employment, including any payments, which do not constitute salary or
wages but represent monetary payments or payments in kind (e.g. deferred compensation, bonuses,
board of directors fees, etc.). If so, describe;
g . Describe in detail (e.g., the monetary value) any other benefits received
directly or indirectly, including, but not limited to, the following:
i. Pension
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ii. Profit sharing
iii. Parking
iv. Expense accounts;
v. Expense reimbursements
vi. Club memberships
vii. Automobile
viii. Automobile expenses;
h . Describe any insurance provided for your benefit and/or your family, which
is made available by reason of your employment;
i . State how your compensation is set;
j . State the gross to net income received by you on an annual basis for each of
the past five (5) years.
16 . Other Income. If you receive income from any source other than that stated in your
answer to the preceding interrogatory, state the source of such income, the amount, and when the
income is paid.
17 . Living Expenses. State your living expenses for the calendar year
199
, and your estimated living expenses for calendar year
199
. Average and list those expenses per month in the detail in the following categories:
Child(ren)
Petitioner/ Respondent
FOOD & BEVERAGE
Groceries ___________ ___________
Restaurant ___________ ___________
Liquor ___________ ___________
HOUSING
Mortgage/Rent ___________ ___________
Second Mortgage ___________ ___________
Home Equity Loan ___________ ___________
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Homeowner's/Renter's Insurance ___________ ___________
Real Estate Tax ___________ ___________
UTILITIES
Electricity ___________ ___________
Gas ___________ ___________
Sewer & Water ___________ ___________
Telephone ___________ ___________
Telephone - Long Distance ___________ ___________
Waste Disposal ___________ ___________
Water Softener Rental ___________ ___________
Cable TV ___________ ___________
MAINTENANCE, FURNISHINGS & OPERATIONS
Maintenance/Repairs ___________ ___________
Services/Cleaning ___________ ___________
Supplies ___________ ___________
Furnishings/Equipment ___________ ___________
Lawn Service ___________ ___________
Snow Removal ___________ ___________
APPAREL & UPKEEP
Clothing/Shoes ___________ ___________
Dry Cleaning ___________ ___________
Upkeep ___________ ___________
GROOMING
Haircuts ___________ ___________
Nail Care, etc. ___________ ___________
Sundries ___________ ___________
TRANSPORTATION
Loan/Lease Payment ___________ ___________
Automobile Insurance ___________ ___________
Maintenance/Repairs ___________ ___________
Gas ___________ ___________
License ___________ ___________
Parking ___________ ___________
Public Transportation ___________ ___________
Replacement Reserve ___________ ___________
EDUCATION
Tuition ___________ ___________
Transportation ___________ ___________
Books/Supplies ___________ ___________
Special Activities ___________ ___________
Tutoring ___________ ___________
Lunch Money ___________ ___________
CHILD CARE
Transportation ___________ ___________
Baby Sitter ___________ ___________
Day Care ___________ ___________
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Camp ___________ ___________
Lessons ___________ ___________
Diaper Service ___________ ___________
Allowance ___________ ___________
HEALTH CARE
Doctor ___________ ___________
Dentist ___________ ___________
Orthodontist ___________ ___________
Eye Care ___________ ___________
Prescription Drugs ___________ ___________
Therapy ___________ ___________
INSURANCE NOT DEDUCTED BY EMPLOYER
Life ___________ ___________
Health ___________ ___________
AD&D ___________ ___________
Personal Property ___________ ___________
Umbrella ___________ ___________
OTHER
Bank Charges ___________ ___________
Cash ___________ ___________
Child Support ___________ ___________
Costs of Employment ___________ ___________
Donations ___________ ___________
Entertainment ___________ ___________
Gifts ___________ ___________
Hobbies ___________ ___________
Income Taxes (not withheld) ___________ ___________
Memberships ___________ ___________
Miscellaneous ___________ ___________
Pets ___________ ___________
Postage ___________ ___________
Retirement ___________ ___________
Savings ___________ ___________
Spousal Maintenance/Alimony ___________ ___________
Subscriptions ___________ ___________
Travel/Vacation ___________ ___________
CREDIT CARDS/OTHER INSTALLMENT PAYMENTS
____________________________ ___________ ___________
____________________________ ___________ ___________
____________________________ ___________ ___________
____________________________ ___________ ___________
____________________________ ___________ ___________
18 . Health. State the condition of your health; are you presently being treated by any
physician or other person for any physical or mental health problems; have you been so treated or
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have you consulted with anyone regarding your emotional or psychological state during the past 10
years?
19 . Medical Treatment. If the answer to the preceding interrogatory is in the
affirmative, indicate the name and address of said physician(s) or other provider and briefly
describe the condition being treated and if the same is limiting in any way and what medications
have been prescribed for you in the past five years.
20 . Beneficial Interest. With respect to any probate, trust(s) or other proceeding
existing or contemplated proceeding in which you may be designated a beneficiary, devisee,
designee or other recipient, please state:
a . Name of decedent or grantor;
b . County in which estate is being probated;
c . Probate Court file number;
d . List of all non-probate assets and their values in which you are a surviving
joint tenant or designated beneficiary; and
e . Your interest in said estate in dollars.
21 . Safe Deposit Boxes. State whether you have the right of entry to a safe deposit box
located at any bank or other similar financial institution, and if so, please state the name and address
of such institution, the box number, and set forth the contents of such box, including the current fair
market value of any item contained therein.
22 . Nonmarital Property. Identify each item or real or personal property acquired by
you before, during or after the existence of the marriage; which
(a) was acquired as a gift, bequest, devise or
inheritance made by a third party to you, but not to
your spouse;
(b) was acquired before the marriage;
(c) was acquired in exchange for or is the increase in
value of property which is described herein at (a),
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(b), (c), (d), and/or (e);
(d) was acquired by you after the initially scheduled
prehearing settlement conference or such other
valuation date as established by the court; and/or
(e) is addressed by a valid ante nuptial contract,
and provide for each item of real or personal property identified in response to (a), (b), (c), (d),
and/or (e) the following:
(i) an exact description of the property, including its
location (if real property, give street address and legal
description), in whose name(s) it is held, and your
exact interest;
(ii) detail how your interest was created and
identify whether the assets belongs in category (a),
(b), (c), (d), or (e), as above described;
(iii) state the name and address of the person or entity
from whom the property was acquired;
(iv) state the date of acquisition and the amount of
consideration paid for your interest in said property
including the source of funds used for the acquisition;
(v) state the fair market value of your interest at the
time of acquisition;
(vi) state the present fair market value and the
present encumbrance including the name and address
of the creditor or mortgagee;
(vii) the value of your interest in the property as
identified in (a), (b), (c), (d), and/or (e) above,
explaining precisely how the computations were
made and how the conclusions were reached;
(viii) for all property or funds received by you as
identified in (a), (b), (c), (d), and/or (e) above, which
have been disposed of, furnish all particulars
regarding the disposition of each; and
(ix) detail the amount of all interest or dividends
received annually from the property as identified in
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(a), (b), (c), (d) and/or (e) above, for the past five (5)
years.
23 . Other Property. Do you have an interest in any assets or property of any nature
whatsoever that has not been disclosed in your answers to any of the preceding interrogatories? If
so, state:
a . A complete description (setting forth your interest therein);
b . Who has possession of such assets;
c . The date of acquisition;
d . The purchase price of such asset;
e . The fair market value.
24 . Employment History. Set forth a detailed summary of your employment history
during the course of your marriage.
25 . Education. Set forth a detailed summary of your educational background,
including:
a . Name and address of each institution;
b . Dates of attendance;
c . Degrees or certificates obtained.
26 . Legal or Administrative Proceedings. If you have been a party to any legal or
administrative proceeding during the past five (5) years, state the nature of such proceeding, the title
of the proceeding, the court or administrative agency, the file number, and the current status of such
proceeding.
27 . Witnesses. Please identify all persons who have any knowledge or information
whatsoever concerning the issues involved in this proceeding who are known to you, your counsel,
associates, investigators, employees or agents, and state the following:
a . Name, address and telephone number of all such individuals;
b . The subject matter on which that named witness is expected to testify;
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c . The field of expertise of said person;
d . The fact or facts to which said person will testify
e . The opinion which you expect to elicit from each such person;
f . The basis upon which each opinion will be based.
28 . Expert Witnesses. With respect to all witnesses whom you will or may call as
experts to give an opinion or to testify at the trial of this matter, state the following:
a . Name and address;
b . Name and address of said witness's employer or the organization with whom
the witness is associated in any professional capacity;
c . The field in which the witness is to be offered as an expert;
d . A summary of the expert's qualifications within the field in which the
witness is expected to testify;
e . The facts or data upon which the expert bases his opinions or inferences
including those perceived by or made known to the expert at or before the trial;
f . The subject matter on which the expert is expected to testify;
g . The substance of the facts and opinions to which the expert is expected to
testify;
h . A summary of the grounds for each opinion.
29 . Custody. With respect to the legal and physical custody of your minor child[ren],
state whether you feel your spouse is a fit and proper parent to care for the minor child[ren]. If you
feel your spouse is unfit, state all facts upon which you rely in support of this opinion.
a . If applicable, set forth all facts upon which you rely, if any, to establish the
claim of sole custody in yourself rather than in your spouse;
b . With respect to legal and physical custody, set forth the names, addresses
and telephone numbers of any and all persons you know who have knowledge of the custodial
situation and facts on which you rely in seeking custody;
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c . Set forth with particularity your plan for legal and physical custody and
visitation of the minor child[ren].
30 . Have you ever been charged, arrested, or convicted of a misdemeanor or felony? If
so, state the particulars in full.
PLEASE TAKE NOTICE, that pursuant to Rule 26.05 of the Minnesota Rules of Civil
Procedure, you are under a duty to supplement the answers to these interrogatories.
PLEASE TAKE FURTHER NOTICE, that a copy of your answers to these interrogatories
must be served upon the undersigned within thirty (30) days after service of these interrogatories.
____________________________
ATTORNEY
Dated: ________________
_________________________________
Attorney for
Petitioner
(Address)
(Address)
(City, State, Zip)
(Phone Number)
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CERTIFICATION
The undersigned counsel for the petitioning party certifies that she has read the above
request for discovery, response or objection and that to the best of her knowledge, information and
belief, formed after reasonable inquiry, that they are consistent with the standards of Rule 26.07 of
the Minnesota Rules of Civil Procedure.
____________________________
ATTORNEY
Dated: ________________
_________________________________
Attorney for
Petitioner
(Address)
(Address)
(City, State, Zip)
(Phone Number)
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