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Divorce Case - Failure to comply with Notice to Produce

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  • Friend In Court
    replied
    Re: Divorce Case - Failure to comply with Notice to Produce

    Originally posted by answerman View Post
    The opposing counsel has not delivered any discovery documents and the discovery deadline has passed. My former attorney (i've been ProSe since his withdrawal) made the request prior to withdrawing from the divorce case. Prior to my former attorney's withdrawal, the opposing counsel issued an objection to discovery - basically stating that the information requested was prior to the marriage.

    I informed the judge of the issue and he changed the trial date in order to allow time for the opposing counsel to produce discovery based on a time period agreed upon by both parties. Prior to this hearing I requested from opposing that the date range of the discovery request by my previous attorney be changed to 3 years instead of 4 years. After this hearing we agreed on a date that range that started during the year of our marriage. Since this hearing I've been expecting the opposing counsel to produce discovery requested by my former attorney based on a date range agreed upon by both parties...

    Where did I go wrong? Why has the opposing counsel still not produced any discovery?

    What action should I take since the trial date is fast approaching and the judge has already changed the date twice?
    Motions to compel discovery are often made with sanctions as an alternative. Without knowledge of what the issues are in the case, no one could advise other than an attorney who has looked at the case and orders.

    It is customary to send a reminder to the attorney of the missed discovery date with a promise that if they are not produced by such and such a date, you will seek sanctions. Some types of sanctions sought are; monetary sanctions against the party, striking pleadings (defenses or counterclaims -- even answers), which a judge may grant if the failure to produce irks the judge as well.

    You might do some research in West's Digest and annotated court rules for sanctions for failure to comply with discovery.

    Leave a comment:


  • AFFA
    replied
    Re: Divorce Case - Failure to comply with Notice to Produce

    I wish to inform you that as other counsel has not produced documents agreed between parties for discovery therefore you can file a motion in court for compelling discovery. If other party after court order does not provide you necessary documents then contempt of court action can be started. If you are already having court order about discovery of documents then you can now file motion for contempt of court as other party has failed to follow court order.

    AFF

    Leave a comment:


  • Divorce Case - Failure to comply with Notice to Produce

    The opposing counsel has not delivered any discovery documents and the discovery deadline has passed. My former attorney (i've been ProSe since his withdrawal) made the request prior to withdrawing from the divorce case. Prior to my former attorney's withdrawal, the opposing counsel issued an objection to discovery - basically stating that the information requested was prior to the marriage.

    I informed the judge of the issue and he changed the trial date in order to allow time for the opposing counsel to produce discovery based on a time period agreed upon by both parties. Prior to this hearing I requested from opposing that the date range of the discovery request by my previous attorney be changed to 3 years instead of 4 years. After this hearing we agreed on a date that range that started during the year of our marriage. Since this hearing I've been expecting the opposing counsel to produce discovery requested by my former attorney based on a date range agreed upon by both parties...

    Where did I go wrong? Why has the opposing counsel still not produced any discovery?

    What action should I take since the trial date is fast approaching and the judge has already changed the date twice?
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