Notes for Use of Form Interrogatories

Notes for use of form interrogatories:

These instructions, definitions, and the first 25 interrogatories are taken from the Maryland Rules Form Interrogatories; the others are designed to get more detailed information. There are more than 30 interrogatories here; only some will be relevant to the case at hand. (Formatted for red line paper.)

______, * IN THE PLAINTIFF * CIRCUIT COURT VS. * FOR ______, * ______COUNTY DEFENDANT * CASE NO: ______* * * * *

* * [Party]’S INTERROGATORIES TO [Party]

Instructions

Pursuant to Rule 2-421, you are required to answer the following interrogatories within 30 days or within the time otherwise required by court order or by the Maryland Rules:

a) In accordance with Rule 2-421(b), your response shall set forth the interrogatory, and shall set forth the answer to the interrogatory "separately and fully in writing under oath" or "shall state fully the grounds for refusal to answer any interrogatory." The response shall be signed by you. (Standard Instruction (a).)

b) Also in accordance with Rule 2-421(b), your answers "shall include all information available" to you "directly or through agents, representatives, or attorneys." (Standard Instruction (b).)

c) Pursuant to Rule 2-401(e), these interrogatories are continuing. If you obtain further material information before trial you are required to supplement your answers promptly. (Standard Instruction (c).)

d) If pursuant to Rule 2-421(c), if you elect to specify and produce business records in answer to any interrogatory, your specification shall be in sufficient detail to enable the

[Party’s] Interrogatories to [Party] Page 1 of 14

Plaintiff vs. Defendant C-00-0000000 interrogating party to locate and identify the records from which the answer may be ascertained. (Standard Instruction (d).)

e) If you perceive any ambiguities in a question, instruction, or definition, set forth the matter deemed ambiguous and the construction used in answering. (Standard Instruction (e).)

Definitions

In these Interrogatories, the following definitions apply: a) Document includes a writing, drawing, graph, chart, photograph, recording, and other data compilation from which information can be obtained, translated, if necessary, through detection devices into reasonably usable form. (Standard General Definition (a).) b) Identify, identity, or identification, (1) when used in reference to a natural person, means that person’s full name, last known address, home and business telephone numbers, and present occupation or business affiliation; (2) when used in reference to a person other than a natural person, includes a description of the nature of the person (that is, whether it is a corporation, partnership, etc. under the definition of person below), and the person’s last known address, telephone number, and principal place of business; (3) when used in reference to any person after the person has been properly identified previously means the person’s name; and (4) when used in reference to a document, requires you to state the date, the author (or, if different, the signer or signers), the addressee, and the type of document (e.g. letter, memorandum, telegram, chart, etc.) or to attach an accurate copy of the document to your answer, appropriately labeled to correspond to the interrogatory. (Standard General Definition (b).) c) Person includes an individual, general or limited partnership, joint stock company, unincorporated association or society, municipal or other corporation, incorporated association, limited liability partnership, limited liability company, the State, an agency or political subdivision of the State, a court, and any other governmental entity. (Standard General Definition (c).) d) Employer means any person that has compensated, or is obligated to compensate, you for services. (Standard Domestic Relations Definition (a).) e) Fringe benefits include: (1) contributions made by your employer to health insurance, life insurance, disability insurance, pension, profit sharing, or retirement plans; and (2) employer reimbursements or payments that reduce your personal living expenses such as use of a company car, expense accounts, and housing. (Standard Domestic Relations Definition (b).) f) Property includes:

Plaintiff vs. Defendant C-00-0000000 1) accounts in any financial institution or brokerage, including certificates of deposit;

2) cash;

3) debts owed to you, secured or unsecured, actual or contingent;

4) home furnishings, jewelry, furs, stamp or coin collections, antiques, and works of art;

5) intellectual property, including patents, royalties, and copyrights;

6) interests in any entity, including partnerships, joint ventures, and corporations;

7) interests in improved or unimproved real property, including leaseholds, condominiums, and time share interests;

8) life insurance and annuities;

9) military or federal retirement benefits;

10) pension plans, profit sharing plans, individual retirement accounts, and retirement plans;

11) securities, including stocks, bonds, mutual funds, United States Government obligations, options, and debentures;

12) vehicles, boats, aircraft, equipment, machinery, crops, livestock, and poultry;

13) workers' compensation claims and tort or contract claims against another; and

14) any other interest or asset. (Standard Domestic Relations Definition (c).) g) Wages include hourly wages, salary, bonuses, tips, incentive awards, fees, commissions, self-employment income, and overtime pay. (Standard Domestic Relations Definition (d).)

Interrogatories

1. Identify yourself and all individuals with whom you reside. For each individual other than

yourself, state that individual's age, relationship to you, and marital status. State your own

birth date and social security number. (Standard Domestic Relations Interrogatory No. 1.)

Plaintiff vs. Defendant C-00-0000000 2. Describe your educational background. Include in your answer the highest grade you

completed; the name and date of any degree, diploma, or certificate you received, and the

name of the institution conferring the degree, diploma, or certificate; and any specialized

training you have received. (Standard Domestic Relations Interrogatory No. 2.)

3. If you are currently employed in any capacity, identify each current employer and, for each

employment, state: (a) your job title, (b) your duties, (c) the number of hours in your

average work week, (d) your regular pay period, (e) your gross wages per pay period, and

(f) the deductions per pay period made by your employer from your wages. If overtime

work was available to you during the past twelve months, state: (a) the number of overtime

hours you worked during the twelve months and your rate of pay for those hours and (b) the

number of overtime hours that were available to you during the twelve months but that you

did not work and the rate of pay you would have received if you had worked those hours.

(Standard Domestic Relations Interrogatory No. 3.)

4. Describe the nature and amount of any fringe benefits that you receive as a result of your

employment. (Standard Domestic Relations Interrogatory No. 4.)

5. If you are unemployed, describe your efforts to obtain employment since you became

unemployed, identify each prospective employer and employment agency you have

contacted while seeking employment and state the date of each contact. (Standard Domestic

Relations Interrogatory No. 5.)

6. If you claim you are physically or mentally unable to work or your capacity to work is

limited, state the facts upon which your claim is based and identify all persons with

personal knowledge of those facts. (Standard Domestic Relations Interrogatory No. 6.)

Plaintiff vs. Defendant C-00-0000000 7. For each employment that you have had during the past five years other than any current

employment, identify each employer and for each employment state: (a) the dates of

employment, (b) your duties, (c) your wages, and (d) your reason for leaving the job. If you

were unemployed for any period of time, specify the amount and source of any income that

you received while unemployed. (Standard Domestic Relations Interrogatory No. 7.)

8. Identify the sources and amounts of all taxable and non-taxable income you received during

the past five years. (Standard Domestic Relations Interrogatory No. 8.)

9. Identify the sources and amounts of any other monies and credit(s) you received during the

past five years with an aggregate value in excess of $250.00 in any one year, including gifts,

loans from others, loans repaid to you by others, sales of assets, and untaxed distributions.

10. List each item of property in which you have any interest. For each item listed, state how it

is titled, its value, the amount of any present lien or mortgage on the property, the date of

acquisition of the property, and the identity of any other person with an interest in the

property. If you claim that any property listed is not marital property, state the facts upon

which you base your claim, including all sources of funds used for the acquisition of the

property and identify all persons with personal knowledge of those facts. (Standard

Domestic Relations Interrogatory No. 10.)

11. If you, either alone or with anyone other than your spouse, transferred property during the

last five years of your marriage with a value in excess of $250.00 to any person other than

your spouse without receiving full consideration in money or money's worth for the

property transferred, identify each person to whom a transfer was made and the property

Plaintiff vs. Defendant C-00-0000000 transferred, giving the date and method of transfer and the value of the property at the time

of transfer. (Standard Domestic Relations Interrogatory No. 11).

12. If the information contained on your Financial Statement submitted pursuant to MD. RULE 9-

202 has changed, describe each change. (Standard Domestic Relations Interrogatory No.

13. State by type and amount all support provided by you for your spouse and children since the

date of your separation. (Standard Domestic Relations Interrogatory No. 13.)

14. State the date on which you separated from the Plaintiff and describe the circumstances of

the separation. (Standard Domestic Relations Interrogatory No. 14.)

15. If you contend that your spouse's conduct was excessively vicious or that your spouse acted

with extreme cruelty or constructively deserted you, describe your spouse's conduct and

state the date and nature of any injuries sustained by you and the date, nature, and provider

of health care services rendered to you. Identify all persons with personal knowledge of

your spouse's conduct and all persons with knowledge of any injuries you sustained as a

result of that conduct. (Standard Domestic Relations Interrogatory No. 15.)

16. State the date on which you and your spouse last had sexual relations with each other.

17. If you have had sexual relations with a person other than your spouse during your marriage,

identify the person(s) with whom you have had sexual relations, state the date of each act

of sexual relations, and state the location where each act took place. If you refuse to answer

this interrogatory as framed because the answer would tend to incriminate you, so state and

Plaintiff vs. Defendant C-00-0000000 answer for the period ending one year prior to the date of your answers. (Standard Domestic

18. If you have had sexual relations with a person other than your spouse during the marriage

and you contend that your spouse has forgiven or condoned your actions, state the facts

upon which your contention is based. (Standard Domestic Relations Interrogatory No. 18.)

19. If you contend that the Plaintiff is unfit to have custody of the children, state the facts upon

which your contention is based and identify all persons having personal knowledge of

these facts. If your contention is based on the use of controlled dangerous substances or the

abuse of alcohol on specific occasions, identify the substance used, the other persons

present at the time of the use, and the date, time, and place of the use. If your contention is

based on the repeated use of controlled dangerous substances or the repeated abuse of

alcohol, identify the substance and all persons with personal knowledge of the repeated use

or abuse. (Standard Domestic Relations Interrogatory No. 19.)

20. If you have sought or received treatment or therapy at any time during the past 10 years for

any physical, mental, or emotional condition, including drug addiction or alcoholism,

describe the condition and the treatment or therapy provided, state the date or dates of

treatment or therapy, and identify all persons providing treatment or therapy. (Standard

Domestic Relations Interrogatory No. 20.)

21. If you contend that placing the children in your sole, shared, or joint custody will be in their

best interests, specify the facts and circumstances upon which you rely. (Standard Domestic

Plaintiff vs. Defendant C-00-0000000 22. Describe the child-care plan you intend to follow when your children are with you. Include

in your answer a description of the place where the children will reside, specifying the

number of bedrooms, bathrooms, and other rooms, the distance to the schools the children

will attend, and the identity of all other persons who will be residing in that household.

Identify all persons who will care for or supervise the children in your absence, state the

hours during which they will care for them, and the location where the care will be

provided. (Standard Domestic Relations Interrogatory No. 22.)

23. Identify each person, other than a person intended to be called as an expert witness at trial,

having discoverable information that tends to support a position that you have taken or

intend to take in this action, including any claim for damages, and state the subject matter of

the information possessed by that person. (Standard General Interrogatory No. 1.)

24. Identify each person whom you expect to call as an expert witness at trial, state the subject

matter on which the expert is expected to testify, state the substance of the findings and

opinions to which the expert is expected to testify and a summary of the grounds for each

opinion, and attach to your answers any written report made by the expert concerning those

findings and opinions. (Standard General Interrogatory No. 2.)

25. If you intend to rely upon any documents or other tangible things to support a position that

you have taken or intend to take in the action, including any claim for damages, provide a

brief description, by category and location, of all such documents and other tangible things,

and identify all persons having possession, custody, or control of them. (Standard General

Interrogatory No. 3.)

Plaintiff vs. Defendant C-00-0000000 26. If you have been arrested for or convicted of any crime in the past 10 years, please state

all details concerning said arrest or conviction, including, but not limited to, the

jurisdiction and case number, the nature of the crime, the current status of the case, and

the disposition, if any, of the case.

27. List separately each bank account, building and loan account or other account of money

on deposit in which you now have (or in the last three years, have had) any interest, either

alone or together with others, or in another name, giving the type and number of the

account, the name and address of the depository, and the names and addresses of any

other person or persons who have had or now have any interest in the same, specifying

the nature and extent of that interest, and state the present balance therein.

28. After each item listed in your answer to the preceding interrogatory, give the date the

account was opened, the date the account was closed, the balance on deposit as of the date

of your Answer to these Interrogatories, and the highest and lowest balance during the last

three years.

29. Identify all life insurance policies that you now have or have had in the past ten years upon

your life, and include in your answer: the name of the company; the number of the policy;

the face value of the policy; the amount of accumulated dividends; whether or not the

insurance is term or whole; whether there are any loans against any policy; the date any loan

was incurred; the cash surrender value; the present status of each policy; the beneficiary of

each policy; and whether or not each policy contains a right to change the beneficiary.

30. If you have any interest in any type of retirement, pension, profit-sharing, Individual

Retirement Account, or Keogh plan or fund, state with particularity the nature and extent of

Plaintiff vs. Defendant C-00-0000000 your interest, including but not limited to the following: the name of the plan or fund; the

full name and address of the custodian; the full name and address of any employer

contributing to the plan or fund; the total amount of your contribution to the plan or fund as

of the date of your answers; the present balance of your interest in the plan or fund; the date

upon which you are entitled to receive actual benefits from the plan or fund; the amount of

benefits and the method of payment to you; the amount of any funds available to you at the

present date; and the method of obtaining funds without retirement.

31. State the names and addresses of all business entities in which you have any interest. If such

business entity is a corporation, state for each the number of shares of stock you own; the

percentage of stock you hold in comparison with all other outstanding stock; the date(s) you

acquired your stock; your cost and purchase price of the stock; the method by which you

financed the purchase of the stock; the terms of such financing; the name and address of the

person or entity which provided the financing; and the name and address of any person who

may be liable for said financing.

32. If you are a stockholder in a closely held corporation or professional association, state the

exact name of said corporation and its place and date of incorporation; the total number of

its shareholders; the number of shares of stock issued by the corporation; the number of

shares of stock owned by you; the fiscal year of the corporation; the exact amount of any

undistributed earnings held by the corporation as of the end of each of the last two fiscal

years and as of the date of your preparation of this answer.

33. If you were an officer and/or director of a corporation at any time during the last three years,

state the name and address of the corporation; the dates(s) on which you became an officer

Plaintiff vs. Defendant C-00-0000000 and/or director; the nature and extent of your duties as an officer and/or director; and the

amount of compensation which you receive, if any.

34. With respect to any partnership (which is defined for the purposes of this interrogatory as

"any unincorporated association for a business purpose") in which you presently have any

interest, or in which you had an interest during the last two years, state the name and address

of each partnership and for each calendar year, state separately your percentage share of the

partnership earnings and losses, the gross income of the partnership for each year, and

itemize all business expenses, assets, and liabilities of the partnership for each year.

35. If you are presently self-employed, or were self-employed during the last three years, state

the following: the exact name and address of the business conducted by you in each year for

the past three years; the gross receipts of your business for each of the last three years and

for the current year through the date of your answer; and itemize all business expenses for

each of the past three years and for the present year through the date of your answer.

36. Set forth a complete description of any loan incurred by you or on your behalf during the

past three years specifying the date, amount, reason for the loan, unpaid balance, the

description of security, location of any written records, name and address of lender, name

and address of borrower, and amount of periodic payments.

37. Identify any entities, whether individual, corporate, or otherwise to which you have applied

within the last three years for credit, whether it be loan or otherwise, and to which you have

given a financial statement, including within your answer: the name and address of the

person or entity; the date the financial statement was prepared; the purpose for which it was

prepared; the name and address of each person or entity who has possession of the

Plaintiff vs. Defendant C-00-0000000 statement (or an exact copy thereof); and a summary of the list of assets (and the value

attributed thereto) and liabilities (and the amount thereof) set forth on said statement.

38. Describe all of your business interests or investments not disclosed by your answers to

previous interrogatories, including any such business interests or investments in any

partnership, corporation, joint venture, syndication, or other entity in which you have any

interest.

39. State whether the residence at [address of family home] was used as the principal residence

of you and your spouse while you lived together.

40. State how the property at [address of family home or any other real property] is titled.

41. State the date on which the property at [address of family home or any other real property]

was acquired.

42. If you claim that the residence at [address of family home] is not the "family home," state

the facts upon which your claims is based, and list all persons having knowledge thereof.

43. If you claim that any tangible personal property presently located at [address of the family

home] is not "family use personal property," list each item with respect to which you make

such claim, state the facts upon which your claim is based, and list all persons having

knowledge thereof.

44. If you claim that the [year, make, model, and title of the family car] which is titled in your

name is not "family use personal property," state the facts upon which your claim is based

and the names of all persons having knowledge thereof.

45. If you contend that your spouse has committed adultery during the period of your marriage,

state when the adultery took place, the name and address of the person with whom it took

Plaintiff vs. Defendant C-00-0000000 place, the location and address where such act occurred, and the name and address of any

person with personal knowledge thereof.

46. If you contend that your spouse has not been a kind, faithful and affectionate spouse

throughout your marriage, state the exact facts upon which you base your contention, and

state the name and address of any person who has personal knowledge of the facts with

reference to such contention.

47. Give a concise statement of the facts which support the allegations of Paragraph [any

paragraph of the complaint, counter-complaint, or answer] and the name and address of

any person having knowledge thereof.

48. List any deferred income, pension, or profit sharing due to you now or in the future as a

result of any plan in which you now, or at any time in the past, have participated, whether

said benefits are vested or contingent, and describe said plans and benefits in detail.

49. If you have any interest in any type of retirement or pension fund, for each state:

a. The name of the fund;

b. The full name and address of the plan administrator of the fund;

c. The full name of any employer contributing to the fund, whether or not the

benefits are vested;

d. The total amount of your contributions to the fund;

e. The present balance of your interest in the fund;

f. The date upon which you are entitled to receive benefits;

g. The amount of benefits and the method of payment to you upon retirement of any

funds from said retirement or pension fund; and

Plaintiff vs. Defendant C-00-0000000 h. The amount of any funds available to you and the method of obtaining said funds

without retirement.

Respectfully submitted,

Attorney Firm Address Address Phone Email

Attorneys for the

Certificate of Service

I hereby certify that on this day of , , a copy of the foregoing [name of document] was mailed, first class mail, postage prepaid, to [opposing counsel].

Attorney

Plaintiff vs. Defendant C-00-0000000