Notice to Produce

In IL, I filed a Notice to Produce for the non-custodial parent to provide the following because I learned he is no longer employed:
'98**99 tax returns, W2s, 1099s, a job diary,
unemployment comp info, severance pay info, etc.

The court gave him 30 days to comply and this time has expired. I also filed a Rule to Show Cause due to his failure to comply within the deadline (I'm a Pro Se litigant), but I have since learned this was the incorrect motion for discovery materials.

On 9/27, he was given another 7 days to comply. What is the CORRECT petition to file
for his contempt of court if the docs aren't delivered by 10/4?

Hope you reply right away so that I can file the motion this week. I have not rec'd child support for three months and I believe he has income. Thank you in advance.

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by malchi:
[b]In IL, I filed a Notice to Produce for the non-custodial parent to provide the following because I learned he is no longer employed:
'98**99 tax returns, W2s, 1099s, a job diary,
unemployment comp info, severance pay info, etc.

The court gave him 30 days to comply and this time has expired. I also filed a Rule to Show Cause due to his failure to comply within the deadline (I'm a Pro Se litigant), but I have since learned this was the incorrect motion for discovery materials.

On 9/27, he was given another 7 days to comply. What is the CORRECT petition to file
for his contempt of court if the docs aren't delivered by 10/4?

Hope you reply right away so that I can file the motion this week. I have not rec'd child support for three months and I believe he has income. Thank you in advance.[/b]<HR></BLOCKQUOTE>


My response:

Okay, here's the only way I know you can do this without costing you any money; e.g., books on the subject, hiring an attorney to do it for you, etc.

You need to go to the Family law courthouse, and see the clerk. Ask to see the "registry of actions". This is a book with all of the cases filed in that court. It will detail all of the matters that have happened in those cases.

What you would be looking for in the Registry is an entry concerning Law and Motion matters, e.g., "discovery motions". Find a few of those entries, and they may not be detailed. Ask the clerk to give you those files for review (yes, you can look at them because they are Public Records). Anyway, when you find a Motion to Compel Request (or Demand) for Production of Documents, make sure that it was written by a lawfirm. Then, bring that file to the clerk and ask to have that motion, and any Opposition to it, copied for you.

Then, use that Motion as an example to write your own Motion, using your own specific information. The Opposition will give you an idea of what defense your spouse might have for his recalcitrance, so that you can counter it, should such an Opposition be filed by your spouse.

It would be VERY helpful to you if you ask the clerk if there is a Law Library in the courthouse, or nearby, where you can go to see the librarian about Civil Procedure concerning discovery matters.

IAAL


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[LegalBeagle]

As replies go IAAL, I give that one a fine tongue wagging 10 !

[Illinois Parent]

Malchi

I am also in Illinois (obviously, per the name) and there is another option. We do, in this state, have a Legal Aid Foundation.

Of course, their accessiblity will depend on which county you are in, but, if you supply me with that, I may be able to direct you further. True Legal Aid doesn't isn't always completely free, but the sliding scale is usually workable. Additionally, there is usually no retainer involved. Many people could afford a little something, especially if they are owed money, but can't come up with the retainer, so this may be a viable option.

While I would still do as IAAL suggests, i.e., learn all you can, research it yourself, etc., it certainly couldn't hurt to get help.