Discovery

[Pg365]

I reside in California and question is for that jurisdiction. My ex had served discovery paperwork, interrogatories etc. related to our divorce to which I responded. I requested for the trial to settle the all the financial issues which was scheduled 6 months from the cut off date for discovery. Now, my ex has served another extensive discovery request asking for multiple statements since the last cut off date up to this point. The trial date is 55 days from now. Can I oppose this request? If yes, please specify how it can successfully opposed.

 

[Zigner]

I reside in California and question is for that jurisdiction. My ex had served discovery paperwork, interrogatories etc. related to our divorce to which I responded. I requested for the trial to settle the all the financial issues which was scheduled 6 months from the cut off date for discovery. Now, my ex has served another extensive discovery request asking for multiple statements since the last cut off date up to this point. The trial date is 55 days from now. Can I oppose this request? If yes, please specify how it can successfully opposed.

Ask your attorney.
Or.
Answer them.

It's required that the parties provide timely financial information to each other.

 

[zddoodah]

Can I oppose this request?

You've given us no reason to believe you lack this ability. If your intent was to ask whether you can do so successfully, you'll have to provide much better detail about the relevant facts.

You wrote that you "requested for the trial to settle the all the financial issues which was scheduled 6 months from the cut off date for discovery," but that doesn't make much sense (grammatically or otherwise) -- especially given that non-expert discovery is generally supposed to be completed 30 days before the initially scheduled trial date (unless the court orders a different date in its case management order)..

That being said, you also told us that "[t]he trial date is 55 days from now." Unless the new discovery requests were served sufficiently in advance of the 30th day before trial, then they're probably untimely. To elaborate, in order for discovery to be completed by the 30th day before the trial date, and since all normal civil discovery gives the responding party 30 days from the date of service (or more if service is made other than by personal service), the discovery requests must be served no later than the 60th day before the trial date.