Wrong Case # on Request For Documents

[palmsprings]

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

I received a Request For Production Of Documents and the case number is incorrect. I suspect my STBX's attorney simply did a cut and paste job from someone else's Request. Do I have to respond to this Request? Should I let them know of the error and ask that they send me another Request with a corrected case #? Will I get a fresh 30 days to respond? If I don't respond and they seek a motion compelling me to respond can I go before a judge and claim that the motion should not be valid considering the initial Request had an incorrect case #?

Thanks for your helpWhat is the name of your state (only U.S. law)?

 

[Ronin]

Do I have to respond to this Request?

Yes

Should I let them know of the error and ask that they send me another Request with a corrected case #?

You can if you wish

Will I get a fresh 30 days to respond?

Probably not

If I don't respond and they seek a motion compelling me to respond can I go before a judge and claim that the motion should not be valid considering the initial Request had an incorrect case #?

This is called harmless error. In other words no reasonable person would have an issue with this. You were served and you are aware this document is intended for you. You would have a hard time convincing the judge that it was not your intent to stonewall discovery.

 

[palmsprings]

Thanks!

My STBX has requested a substantial amount of documents, most of which she has already received when we attempted a collaborative process. I will need more time to gather the info, plus I feel it necessary to counter with a request in order to defend myself and refute many of her lies contained in an Order To Show Cause I was served this morning.

After trying mediation until she terminated because they said she will need to work, then trying collaborative divorce with two attorneys and a child specialist and having that also terminated because they all said the same thing she is now trying litigation based on lies and twisted truths.

She recently attempted an Ex Parte emergency hearing claiming she needed money and a bunch of other stuff. After I opposed and provided evidence that her claims for emergency relief were unfounded and that it was more about harassment the judge ended up giving her attorney a lecture on the true purpose of Ex Parte. I feel they are trying to intimidate me in an attempt to force an unfair negotiation.

Your comment about "harmless error" makes sense. I was wondering if I could use that to gain time if her attorney will not extend time when I ask. Now I know. Thank you.

 

[tranquility]

If the documents are already in the possession of the other party, don't supply them in response to the demand and state why.

 

[Ronin]

Just because her attorney demands this information in 30 days does not mean this has to be done in 30 days. If the requested documentation will take some time and effort to get together, and 30 days is not practical, then serve notice on when this can be done by and a brief explanation for the delay. If this is done in good faith and without intent to cause unecessary delay, it should not be a problem, regardless of whether her attorney disagrees.

 

[mistoffolees]

Just because her attorney demands this information in 30 days does not mean this has to be done in 30 days. If the requested documentation will take some time and effort to get together, and 30 days is not practical, then serve notice on when this can be done by and a brief explanation for the delay. If this is done in good faith and without intent to cause unecessary delay, it should not be a problem, regardless of whether her attorney disagrees.

Unless the 'request' is in the form of a court order. In that case, it would be a huge mistake to think you can just do it on your own schedule.

 

[palmsprings]

More thanks!

I really appreciate the knowledge being shared.