Request for production of documents

[unisonicz]

Tennessee
Hi, I received a request for documents from my ex's attorney regarding child support/change of parenting plan. 1. asking for bank statments from 2009. 2. documents of income, such as w2 and 1099 forms from 2012 - present. 3. federal income tax returns 2012 - 2014. All in the same time period.

My question is since they are all requested between the same time periods and basically the same information can I object to #1 and #2 and then provide my tax returns 2012-2014?

 

[Zigner]

Tennessee
Hi, I received a request for documents from my ex's attorney regarding child support/change of parenting plan. 1. asking for bank statments from 2009. 2. documents of income, such as w2 and 1099 forms from 2012 - present. 3. federal income tax returns 2012 - 2014. All in the same time period.

My question is since they are all requested between the same time periods and basically the same information can I object to #1 and #2 and then provide my tax returns 2012-2014?

I would expect to be required to provide both #2 & #3. I'm not sure how applicable #1 would be...but it also seems to be a valid request.

On what legal grounds would you object?

 

[unisonicz]

Thanks for the reply! I should clarify that #1 is requesting 2009 to present. The grounds to object would be pertaining to multiple documents of the same things. I could understand submitting 2 of them but all 3 seems redundant and burdensome. I am just not sure how to word my objection in response to #1.

 

[Silverplum]

Thanks for the reply! I should clarify that #1 is requesting 2009 to present. The grounds to object would be pertaining to multiple documents of the same things. I could understand submitting 2 of them but all 3 seems redundant and burdensome. I am just not sure how to word my objection in response to #1.

We don't tell people how to "word" their legal documents. If you find an example on the internet, great. If not, hire an attorney.

 

[unisonicz]

Thanks for the reply Silverplum. Fair enough and understood. Is that a reasonable objection I guess is what I am asking? Object to #1 and provide the documentation for #2 and #3?

 

[justalayman]

Thanks for the reply Silverplum. Fair enough and understood. Is that a reasonable objection I guess is what I am asking? Object to #1 and provide the documentation for #2 and #3?

#1 is not duplicative of anything else asked for. Your objection will likely be denied.


if anything 2 and 3 call for duplications of many documents.

 

[latigo]

You can refuse to provide all three if you wish, and want to play legal games until the judge slaps you with an order to comply with the discovery requests and the ex's attorney fees for filing the motion for such an order.

The rules of discovery have always been broadly interpreted and liberally applied. The information requested does not even need be relevant as long as there is a reasonable probability that it might lead to something that is relevant.

In this particular frame of reference any and all of your financial records (within a reasonable time period, of course) are proper objects of discovery. And it isn't your choice to decide what is necessary; which are comparable to what; and a duplication of which! And I sure as hell wouldn't want the judge to think of me as being obstructive if I'm seeking his favor on the pending substantive issues you have mentioned

 

[stealth2]

#1 is looking for unexplained deposits and/or discrepancies with what is reported via #2 and #3.

 

[stealth2]

#1 is looking for unexplained deposits and/or discrepancies with what is reported via #2 and #3.

An attorney would be able to tell you if you could reasonably redact the account number.

 

[unisonicz]

Okay, thanks for your help.

 

[LdiJ]

Thanks for the reply! I should clarify that #1 is requesting 2009 to present. The grounds to object would be pertaining to multiple documents of the same things. I could understand submitting 2 of them but all 3 seems redundant and burdensome. I am just not sure how to word my objection in response to #1.

Bank statements for 2009 forward is unreasonable. That is more than six year's worth and if obtainable at all, would be expensive to obtain. I would provide 2012 forward (or whatever else you can get from your bank for free) and let them complain about the rest.

 

[quincy]

unisonicz, following is a link to Tennessee's Rules of Civil Procedure, which mimic in most ways the Federal Rules of Civil Procedure:

https://www.tncourts.gov/courts/supreme-court/rules/rules-civil-procedure

You can scroll down to find Rule 26, General Provisions Governing Discovery and click on Rule 26:02, Discovery Scope and Limits.

The other party can request all documents the party feels it needs - but the requesting party also has the burden of showing that the need for the documents, et al, outweighs the burdens and costs placed on the responding party of locating, retrieving, and producing the information.

What you need to produce is that information requested that is relevant, not privileged and reasonably accessible.

 

[unisonicz]

Thanks for your help guys! I will take a look through that material for sure. I am sure it will answer some questions and that some new questions will arise lol. Again, thanks for the info!