Interrogatories are written questions that one spouse serves on the other, and they have to be answered in writing and under oath.
What the Statute Allows
OCGA 9-11-33 lets either party in a Georgia divorce serve written interrogatories on the other party. The answers are given under oath, so they carry the same weight as sworn testimony. Anything a party will not answer has to draw a written objection instead, and under Uniform Superior Court Rule 6.4(A) an objection has to be aimed at the specific interrogatory and “shall not be made generally.”
The 50-Question Limit
Georgia caps interrogatories at 50 questions, counting subparts, unless the judge gives leave to serve more. That number is the reason divorce interrogatories tend to be broad rather than numerous. Answers or objections are due within 30 days after the interrogatories are served, or within 45 days after service of the summons and complaint if they came with the divorce papers.
Your Answers Follow You to Trial
In Moon v. Moon, 277 Ga. 375 (2003), a mother in a contested divorce and custody case was not permitted to call the psychologist who had treated the couple’s son. The father had served an interrogatory asking which experts she intended to call at trial, and she had not listed the psychologist in her response. Even though the witness plainly had something to say about the family, the trial court kept him off the stand.
So treat the answers as the shape of the case you will be allowed to present later. An answer that leaves out a witness, an account, or an asset is not a blank you can quietly fill in on the courthouse steps.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!