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Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2161
Experience:  Divorce, custody and child support attorney.
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Is discovery, in particular interrogatory questions, limited

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Is discovery, in particular interrogatory questions, limited to the specific allegations in the complaint? My initial complaint alleged my wife having an affair with one man but 6 months after filing the complaint I learned that she was having a second affair with another man. The Interrogatories requested "Give complete details of each and every occasion where you have been sexually intimate with a person other than your spouse within 5 years." Her attorney refuses to answer for anybody other than the named paramour. Is their position legal? Are they not required to provide the name and address of the second person for a few dates that she spent the night at that person's house? If their position is legal, then can the complaint be amended to include others? Or is there another way of handling this situation. We are appearing this morning at 11:30 before the court for my motion to compel.
Thanks!

Lawyer Lori :

Good morning. My name is XXXXX XXXXX I will be the professional assisting you today.

Lawyer Lori :

Can you tell me if she has provided a response to the original interrogatories?

Lawyer Lori :

Generally, the scope of interrogatories are not limited to what you alleged in your complaint. Interrogatories are the discovery method used to discover relevant evidence and all of her affairs may very well be relevant to your case.

Lawyer Lori :

Here's a section of the Virginia court rules applicable here:

Lawyer Lori :

Rule 4:1. General Provisions Governing Discovery

Lawyer Lori :

(1) In General. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

Lawyer Lori :

In addition, under the following rule, she has the continuing obligation to update any responses previously provided.

Lawyer Lori :

(e) Supplementation of Responses. A party who has responded to a request for discovery is under a duty to supplement or correct the response to include information thereafter acquired in the following circumstances.


(1) A party is under a duty promptly to amend and/or supplement all responses to discovery requests directly addressed to (A) the identity and location of persons having knowledge of discoverable matters, and (B) the identity of each person expected to be called as an expert witness at trial, the subject matter on which the expert is expected to testify, and the substance of the expert's testimony, when additional or corrective information becomes available.


(2) A party is under a duty promptly to amend and/or supplement all other prior responses to interrogatories, requests for production, or requests for admission if the party learns that any such response is in some material respect incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing.


(3) A court may order, or the parties may agree to provide, supplementation in addition to that required in subsections (1) and (2) of this subpart (e).


(4) A party may supplement a prior discovery response by filing an updated response labelled "Supplemental" or "Amended", or by otherwise notifying all other parties of the updated information in writing, signed by counsel of record.

Lawyer Lori :

It appears as if we are having some difficulty with the Chat function, so I will transfer this to the Q&A format.

Lawyer Lori :

Please let me know if I can clarify anything for you by hitting the REPLY button.

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