Stopping the process

[fldivorce5763]

What is the name of your state (only U.S. law)? FL

I am nearing the end of a 20 month battle from hell. I had to release my attorney when i ran out of funds.
Pre trial is scheduled for 9/30/09 with trial set for 11/9 and 11/10
Wife has not submitted volumes of discovery, and their side is preventing me from getting an inventory of property at our home and of a retail store we own.

Can i do something to stop the proceeding until i recieve them? I live out of state and it is difficult to go back before the Court each time they pull this kind of manuvering.

 

[mistoffolees]

What is the name of your state (only U.S. law)? FL

I am nearing the end of a 20 month battle from hell. I had to release my attorney when i ran out of funds.
Pre trial is scheduled for 9/30/09 with trial set for 11/9 and 11/10
Wife has not submitted volumes of discovery, and their side is preventing me from getting an inventory of property at our home and of a retail store we own.

Can i do something to stop the proceeding until i recieve them? I live out of state and it is difficult to go back before the Court each time they pull this kind of manuvering.

Yes, you can stay the proceedings, but I'm not sure that's your best choice.

If there is already a discovery order in place and you haven't received the information covered by the discovery order, then you can file for contempt. Ask the judge to order them to comply or pay penalties. You can also ask for an order that stbx pays your legal and transportation expenses incurred in trying to enforce the earlier order.

 

[Ohiogal]

It would not be contempt. It would be a motion to compel.

 

[mistoffolees]

It would not be contempt. It would be a motion to compel.

OK. Thanks.

Then would it be contempt if he doesn't follow through on the motion to compel?

 

[Gracie3787]

OK. Thanks.

Then would it be contempt if he doesn't follow through on the motion to compel?

Yes, when the Judge grants a motion to compel, it is a court order.
If the other party still refuses to produce, then a contempt motion can be filed.

 

[Gracie3787]

What is the name of your state (only U.S. law)? FL

I am nearing the end of a 20 month battle from hell. I had to release my attorney when i ran out of funds.
Pre trial is scheduled for 9/30/09 with trial set for 11/9 and 11/10
Wife has not submitted volumes of discovery, and their side is preventing me from getting an inventory of property at our home and of a retail store we own.

Can i do something to stop the proceeding until i recieve them? I live out of state and it is difficult to go back before the Court each time they pull this kind of manuvering.

As OG said, you'll need to file a motion to compel ASAP.
Since you already have a pre trial date on the 30th, you'll need to file right away and ask that the hearing on the motion be set before the pre trial date.