Section 3130. Use of interrogatories  


Latest version.
  • 1.  Except  as otherwise provided
      herein, after commencement of an action, any party may  serve  upon  any
      other  party  written interrogatories. Except in a matrimonial action, a
      party may not serve written interrogatories on another  party  and  also
      demand a bill of particulars of the same party pursuant to section 3041.
      In  the case of an action to recover damages for personal injury, injury
      to property or wrongful death predicated solely on a cause or causes  of
      action  for  negligence,  a  party  shall  not  be  permitted  to  serve
      interrogatories on and conduct a deposition of the same  party  pursuant
      to rule 3107 without leave of court.
        2.  After the commencement of a matrimonial action or proceeding, upon
      motion brought by either party, upon such notice to the other party  and
      to  the non-party from whom financial disclosure is sought, and given in
      such manner as the court shall direct, the court may order  a  non-party
      to  respond  under oath to written interrogatories limited to furnishing
      financial information concerning a  party,  and  further  provided  such
      information  is  both reasonable and necessary in the prosecution or the
      defense of such matrimonial action or proceeding.