How many times can someone request discovery?

[Biscuits&Gravy]

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

I wanted to know if someone can ask for discovery as many times as they want or if they just get one shot at it during the divorce process.

 

[Ohiogal]

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

I wanted to know if someone can ask for discovery as many times as they want or if they just get one shot at it during the divorce process.

Discovery is rolling. Meaning if you are asked to produce in the beginning of the case, everything that changes or is added that is requested, you must provide. In other words, if they ask for monthly bank statements back three years and you provide them in November 2011 but trial is not until May 2012, you must provide the ones that are generated between November and May. If you are asked for household occupants and someone moves out or in, you must inform the other side of that change.

 

[Biscuits&Gravy]

Thanks. Your answer makes a lot of sense.

Another thing. What usually happens after everything in the discovery is produced. Where does the case typically go from there.

 

[Bali Hai]

Thanks. Your answer makes a lot of sense.

Another thing. What usually happens after everything in the discovery is produced. Where does the case typically go from there.

Usually the anal lawyer requesting discovery over and over tries to make a frivolous accusation that marital assets are being wastefully dissipated.

 

[Ohiogal]

Usually the anal lawyer requesting discovery over and over tries to make a frivolous accusation that marital assets are being wastefully dissipated.

Hey Bali, that is not true. The individual NOT continuously updating discovery is the one disobeying the rules of Civil Procedure. But apparently that was YOUR situation.

 

[Bali Hai]

Hey Bali, that is not true. The individual NOT continuously updating discovery is the one disobeying the rules of Civil Procedure. But apparently that was YOUR situation.

I was in compliance. I was wondering WHY the ex wasn't required to do the same thing?

 

[Ohiogal]

I was in compliance. I was wondering WHY the ex wasn't required to do the same thing?

Was that issue raised by your attorney? Not that this is YOUR thread.

 

[Bali Hai]

Was that issue raised by your attorney? Not that this is YOUR thread.

That among what I thought at the time were many other gross incompetencies lead me to fire THREE attorneys. I came to the realization that there wasn't anything any of them could have done to stop the railroading I received. The system is not set up to protect my rights as I found out the hard way.

I know this isn't my thread, you my dear made it personal.

 

[justalayman]

Hey Bali, that is not true. The individual NOT continuously updating discovery is the one disobeying the rules of Civil Procedure. But apparently that was YOUR situation.

obviously not true but none the less, extremely funny.

Bali, seriously, we all get it. You apparently got the royal screwing. Sorry to hear that but your extremely inequitable situation is not the norm. It's great to hear the extremes, sometimes and when used in the proper context but seriously dude, after awhile it just comes across as whining during temporary lapses of consciousness as you set at the bar drowning your sorrows in your beer.




bisuicts and gravy



(mmmmm, biscuits and gravy)



you can ask for discovery as many times as you want. It is up to the court to allow it or not. There are rules that apply to when you can seek discovery in relation to other activity. If not within the proper time frame, it could be denied. If the other party doesn't object to the untimely request, it just might go through. The courts are overseers that react to requests for action more than the unilateral initiators of actions.

Another issue is discovery based on discovery. Every time discovery is received by one party, it might justify a request for discovery based on that newly received material.

any action taken by a party or the courts could justify a request for discovery.

If the requests are excessive, that alone could result in an objection to a request from the other party. It could be considered an abuse of process.

 

[Bali Hai]

obviously not true but none the less, extremely funny.

Bali, seriously, we all get it. You apparently got the royal screwing. Sorry to hear that but your extremely inequitable situation is not the norm. It's great to hear the extremes, sometimes and when used in the proper context but seriously dude, after awhile it just comes across as whining during temporary lapses of consciousness as you set at the bar drowning your sorrows in your beer.




bisuicts and gravy



(mmmmm, biscuits and gravy)



you can ask for discovery as many times as you want. It is up to the court to allow it or not. There are rules that apply to when you can seek discovery in relation to other activity. If not within the proper time frame, it could be denied. If the other party doesn't object to the untimely request, it just might go through. The courts are overseers that react to requests for action more than the unilateral initiators of actions.

Another issue is discovery based on discovery. Every time discovery is received by one party, it might justify a request for discovery based on that newly received material.

any action taken by a party or the courts could justify a request for discovery.

If the requests are excessive, that alone could result in an objection to a request from the other party. It could be considered an abuse of process.

Sharing what CAN happen in these matters isn't good advice?

The harassing lawyer requesting endless discovery from the opposing party amounts to nothing more than a witch hunt.

Anal lawyer: Mr. Smith, you withdrew $200 from your account via ATM on August 17th. What did you do with that money?

Mr. Smith: I paid my electric utility bill.

Anal lawyer: Can you produce a receipt for that payment?

Mr. Smith: I submitted the receipt to you with the discovery documents you requested.

Anal lawyer: Yes you did, here it is. The electric utility bill receipt is for $199.76. What did you do with the remaining $0.24?

Mr. Smith: I can't recall exactly, but I think I put it in my pocket.

 

[justalayman]

Bali Hai;3085402]Sharing what CAN happen in these matters isn't good advice?

It can be great advice, if presented properly. Obviously you have not gotten over the emotional toll from what happened. Due to that, your interjections appear to be more of a complaint about your situation than a transfer of information and ideas.

It sounds as if you have a valid complaint about what you experienced but complaining about your situation is not offering advice. Your situation gives you a somewhat (at least hopefully) unique perspective that no other regular posters have. That can be quite useful, if nothing else, to counter the: if you do A, B will happen and C will be the courts order. You have a real life experience of how lopsided divorces can be. That is invaluable in a forum such as this.


As mom used to tell me; it's not what you say as much as how you say it.

Use your experience to educate others. You so often use the forum as an attempt at catharsis through vitriol. If you need that, then please, find that help but it doesn't help here. I'm not saying that your attempt to heal is wrong. Sometimes screaming at the top of your lungs about all of the injustices of the world is exactly what one needs to heal. We just need to act in the proper forum.

 

[Zigner]

I feel that the former Mrs. Hali was just smarter and more adept. That isn't a reflection of the system.

 

[Bali Hai]

It can be great advice, if presented properly. Obviously you have not gotten over the emotional toll from what happened. Due to that, your interjections appear to be more of a complaint about your situation than a transfer of information and ideas.

It sounds as if you have a valid complaint about what you experienced but complaining about your situation is not offering advice. Your situation gives you a somewhat (at least hopefully) unique perspective that no other regular posters have. That can be quite useful, if nothing else, to counter the: if you do A, B will happen and C will be the courts order. You have a real life experience of how lopsided divorces can be. That is invaluable in a forum such as this.


As mom used to tell me; it's not what you say as much as how you say it.

Use your experience to educate others. You so often use the forum as an attempt at catharsis through vitriol. If you need that, then please, find that help but it doesn't help here. I'm not saying that your attempt to heal is wrong. Sometimes screaming at the top of your lungs about all of the injustices of the world is exactly what one needs to heal. We just need to act in the proper forum.

That's all we need is a shrink in the mixture. If you can't use plain english, I'm not even going to look up those words and try to understand what you mean.

 

[justalayman]

That's all we need is a shrink in the mixture. If you can't use plain english, I'm not even going to look up those words and try to understand what you mean.

healing through cruel and insulting criticism of your target.

In other words; making yourself feel better by bitching about whoever harmed you


and it is plain English and the most concise and correct terminology for the intent of the statement. Anything else is merely a definition while the words used express specific meanings which I intended to convey.

 

[Bali Hai]

I feel that the former Mrs. Hali was just smarter and more adept. That isn't a reflection of the system.

Nobody asked how you feel and couldn't care less. If you grow up taught to screw people over using "the system", that makes you smarter and more adept at what?? Using the system to prey on unsuspecting people?