The California 1292 10 form is a set of interrogatories designed for family law cases. It helps parties exchange important information without incurring excessive costs. Understanding how to fill out this form can streamline the legal process and ensure that both sides provide the necessary details.
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The California 1292 10 form serves as a crucial tool in family law cases, facilitating the exchange of vital information between parties involved in legal proceedings. This form includes a series of interrogatories designed to elicit relevant details about personal history, financial assets, debts, and support obligations. It requires both the asking and answering parties to adhere to specific instructions, ensuring that responses are complete and provided under oath within a strict 30-day timeframe. Notably, the form emphasizes the importance of asserting privileges and making objections when necessary, while also mandating that all relevant documents be attached to the responses. By defining key terms such as "person," "document," and "asset," the form clarifies the scope of information that must be disclosed. The interrogatories cover a range of topics, including agreements made between spouses, current income, tax returns, and any claims of reimbursement. This structured approach not only streamlines the discovery process but also aims to minimize unnecessary expenses for the answering party, making it an essential component of family law litigation in California.
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):
TELEPHONE NO.:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
SHORT TITLE OF CASE:
FORM INTERROGATORIES—Family Law Asking Party:
Answering Party:
Set No.:
CASE NUMBER:
Sec. 1. Instructions to Both Parties
These interrogatories are intended to provide for the exchange of relevant information without unreasonable expense to the answering party. They do not change existing law relating to interrogatories nor do they affect the answering party's right to assert any privilege or make any objection.
Privileges must be asserted.
Sec. 2. Definitions
Words in BOLDFACE CAPITALS in these interrogatories are defined as follows:
(a)PERSON includes a natural person, partnership, any kind of business, legal, or public entity, and its agents or employees.
(b)DOCUMENT means all written, recorded, or graphic materials, however stored, produced, or reproduced.
(c)ASSET or PROPERTY includes any interest in real estate or personal property. It includes any interest in a pension, profit-sharing, or retirement plan.
Sec. 3. Instructions to the Asking Party
Check the box next to each interrogatory you want the answering party to answer.
Sec. 4. Instructions to the Answering Party
You must answer these interrogatories under oath within
30 days, in accordance with Code of Civil Procedure section 2030.
You must furnish all information you have or can reasonably find out, including all information (not privileged) of your attorneys or under your control. If you don't know, say so.
If an interrogatory is answered by referring to a document, the document must be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer can be found.
If a document to be attached to the response may also be attached to the Schedule of Assets and Debts form, the document should be attached only to the response, and the form should refer to the response.
(d)DEBT means any obligation including debts paid since the date of separation.
(e)SUPPORT means any benefit or economic contribution to the living expenses of another person, including gifts.
(f)If asked to IDENTIFY A PERSON, give the person's name, last known residence and business address, telephone numbers, and company affiliation at the date of the transaction referred to.
(g)If asked to IDENTIFY A DOCUMENT, attach a copy of the document unless you explain why not. If you do not attach the copy, describe the document, including its date and nature, and give the name, address, telephone number, and occupation of the person who has the document.
If an interrogatory cannot be answered completely, answer as much as you can, state the reason you cannot answer the rest, and state any information you have about the unanswered portion.
Sec. 5. Oath
Your answers to these interrogatories must be under oath, dated, and signed. Use the following form at the end of your answers:
"I declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct."
( DATE)
(SIGNATURE)
(Continued on reverse)
Form Approved by Rule 1292.10
Judicial Council of California 1292.10 [New July 1, 1990]
FORM INTERROGATORIES
(Family Law)
WEST GROUP
Official Publisher
Code of Civil Procedure, §§ 2030(c), 2033.5
1. Personal History. State your full name, current residence address and work address, social security number, any other names you have used, and the dates between which you used each name.
2. Agreements. Are there any agreements between you and your spouse made before or during your marriage or after your separation that affect the disposition of ASSETS, DEBTS, or SUPPORT in this proceeding? If your answer is yes, for each agreement, state the date made and whether it was written or oral, and attach a copy of the agreement or describe its content.
3. Legal Actions. Are you a party or do you anticipate being a party to any legal or administrative proceeding other than this action? If your answer is yes, state your role and the name, jurisdiction, case number, and a brief description of each proceeding.
4. Persons Sharing Residence. State the name, age, and relationship to you of each person at your present address.
5. Support Provided Others. State the name, age, address, and relationship to you of each PERSON for whom you have provided SUPPORT during the past 12 months and the amount provided per month for each.
6. Support Received for Others. State the name, age, address, and relationship to you of each PERSON for whom you have received SUPPORT during the past twelve months and the amount received per month for each.
7. Current Income. List all income you received during the past 12 months, its source, the basis for its computation, and the total amount received from each. Attach your last three pay check stubs.
8. Other Income. During the past three years have you received cash or other property from any source not identified in 7? If so, list the source, the date, and the nature and value of the property.
9. Tax Returns. Attach copies of all tax returns and schedules filed by or for you in any jurisdiction for the past three calendar years.
10. Schedule of Assets and Debts. Complete the Schedule of Assets and Debts form served with these interrogatories.
11. Separate Property Contentions. State the facts that support your contention an asset or debt is separate property.
12. Property Valuations. Have you had written appraisals or offers to purchase during the past 12 months on any of the assets listed on your completed Schedule of Assets and Debts. If your answer is yes,
IDENTIFY THE DOCUMENT.
13. Property Held by Others. Is there any PROPERTY held by any third party in which you have any interest or over which you have any control? If your answer is yes, indicate whether the property is shown on the Schedule of Assets and Debts completed by you. If it is not, describe and identify each such asset and state its present value and the basis for your valuation, and IDENTIFY THE PERSON holding the asset.
14. Retirement and Other Benefits. Do you have an interest in any disability, retirement, profit sharing, or deferred compensation plan? If your answer is yes, IDENTIFY each plan and provide the name, address, and telephone number of the administrator and custodian of records.
15. Claims of Reimbursement. Do you claim the legal right to be reimbursed for any expenditures of your separate or community property? If your answer is yes, state all supporting facts.
16. Credits. Do you claim reimbursement credits for payments of community debts since the date of separation? If your answer is yes, IDENTIFY the source of payment, the creditor, the date paid, and the amount paid. State whether you have added to the debt since the separation.
17. Insurance. IDENTIFY each health, life, automobile, and disability insurance policy or plan that you now own or that covers you, your children, or your assets. State the policy type, policy number, and name of company. IDENTIFY the agent and give the address.
18. Health. Is there any physical or emotional condition that limits your ability to work? If your answer is yes, state each fact on which you base your answer.
19. Children's Needs. Do you contend your children have any special needs? If so, identify the child with the need, the reason for the need, its cost, and its expected duration.
20. Attorney Fees. State the total amount of attorney fees and costs incurred by you in this proceeding, the amount paid, the source of money paid, and describe the billing arrangements.
21. Gifts. List any gifts you have made without the consent of your spouse in the past 24 months, their value, and the recipients.
1292.10 [New July 1, 1990]
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