Crazy discovery questions...

[LdiJ]

"This request is overbroad and burdensome."

That is an excellent way to respond to the more ridiculous requests. Another good one is "I am unable to recall this information". That one is good for the items like asking exactly who over the last three years has spent the night at your home. You can state that your girlfriend, XXX lives with you, and perhaps your parents (if they live out of town) have occasionally spent the night, but other than that, you are unable to recall the information.

Seriously, someone said to have fun with the questions...and I agree to a great extent. Answer anything that someone could reasonably be able to answer, and then respond with "this request is overbroad and burdensome", or "I am unable to recall this information", for anything that's absurd.

 

[nextwife]

That is an excellent way to respond to the more ridiculous requests. Another good one is "I am unable to recall this information". That one is good for the items like asking exactly who over the last three years has spent the night at your home. You can state that your girlfriend, XXX lives with you, and perhaps your parents (if they live out of town) have occasionally spent the night, but other than that, you are unable to recall the information.

Seriously, someone said to have fun with the questions...and I agree to a great extent. Answer anything that someone could reasonably be able to answer, and then respond with "this request is overbroad and burdensome", or "I am unable to recall this information", for anything that's absurd.

Maybe say Jimmy Hoffa stayed over. After all, nobody REALLY knows where he's at....

 

[ProSeDadinMD]

I didn't realize you were in District Court....

Perhaps I misspoke. Our case is in Circuit Court, but all of the Rules of Procedure I've been able to find(including the one you mentioned) say "District Court". I am just trying to make sure that the same rules apply in both.

As for having fun with the answers, I have every intention of doing so .

 

[GrowUp!]

Perhaps I misspoke. Our case is in Circuit Court, but all of the Rules of Procedure I've been able to find(including the one you mentioned) say "District Court". I am just trying to make sure that the same rules apply in both.

Here is what you are looking for:
http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0

Rule 2-421. As I thought, the amount is the same in Circuit as it is in District: 30. So anything after 30, simply copy and paste the language I suggested previously, but use "Per Rule 2-421...". Do it for EACH one from 31 on.

As for having fun with the answers, I have every intention of doing so .

I suggested it, but I was being a smart-ass...you don't want to respond inappropriately to those during the official proceedings, especially if you're considering petitioning the court for sanctions against her. But that doesn't mean you can't do it when it's all completed.

 

[stealth2]

Several of those questions seem to indicate that there may be a history of the child bringing things with her that are never returned to Mom's. Any truth in that?

 

[ProSeDadinMD]

Rule 2-421. As I thought, the amount is the same in Circuit as it is in District: 30. So anything after 30, simply copy and paste the language I suggested previously, but use "Per Rule 2-421...". Do it for EACH one from 31 on.

Ok, I saw that. But that is for interrogatories. The 85 item questionnaire that they sent me is for the production of documents. The interrogatories request only has 24 items.
I found rule 2-422 :

Rule 2-422. Discovery of documents and property.
(a) Scope.- Any party may serve one or more requests to any other party (1) as to items that are in the possession, custody, or control of the party upon whom the request is served, to produce and permit the party making the request, or someone acting on the party's behalf, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, recordings, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form) or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of Rule 2-402 (a); or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection, measuring, surveying, photographing, testing, or sampling the property or any designated object or operation on the property, within the scope of Rule 2-402 (a).
(b) Request.- A request shall set forth the items to be inspected, either by individual item or by category, and shall describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts.
(c) Response.- The party to whom a request is directed shall serve a written response within 30 days after service of the request or within 15 days after the date on which that party's initial pleading or motion is required, whichever is later. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is refused, in which event the reasons for refusal shall be stated. If the refusal relates to part of an item or category, the part shall be specified.
(d) Production.- A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.
[Amended Mar. 22, 1991, effective July 1, 1991; Nov. 12, 2003, effective Jan. 1, 2004.]

I may be being dense this morning, but I don't see any real limits set in there.

Several of those questions seem to indicate that there may be a history of the child bringing things with her that are never returned to Mom's. Any truth in that?

Not a thing that I can recall, unless she is talking clothes. If that's the case, I've had to send her emails reminding her to send clothes back(which she rarely does) for over a year.

 

[GrowUp!]

Ok, I saw that. But that is for interrogatories. The 85 item questionnaire that they sent me is for the production of documents..

Then object to those that you feel are irrelevant and/or burdensome to produce, etc. Just because they are asking for this stuff does not mean they are relevant or any of the other parties business.

For example, alot of the stuff you posted originally that is being asked for is irrelevant and burdensome.

 

[ProSeDadinMD]

Ok, since it seems...

...that I should answer more than 30 , That begs another question. Since, according to "The Child Support Guidelines Section of MD Law":

§12-203. Forms; verification of income.
(a) Forms. - The Court of Appeals may issue standardized worksheet forms to be used in applying the child support guidelines set forth in this subtitle.
(b) Verification of income. - (1) Income statements of the parents shall be verified with documentation of both current and past actual income.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, suitable documentation of actual income includes pay stubs, employer statements otherwise admissible under the rules of evidence, or receipts and expenses if self-employed, and copies of each parent's 3 most recent federal tax returns.
(ii) If a parent is self-employed or has received an increase or decrease in income of 20% or more in a 1-year period within the past 3 years, the court may require that parent to provide copies of federal tax returns for the 5 most recent years. (1989, ch. 2.)

I shouldn't need to provide much more than paystubs and my last 3 tax returns, right? Most of the rest of the financial stuff should be irrelevent, espescially since we were never married.

I am already going to say that for my girlfriend and her 17 year old son.

Edited to ask:
I see "sanctions" mentioned by several people. What exactly would those be?

 

[tranquility]

Don't be thinking about sanctions at this point. You need to answer the interrogatories and requests for documents in a grown up and responsible way. No silliness or smart alecky responses to anything that is going to court. Not only will it not help in any way, but also there are many potential ways it can hurt you. Dream all you want, but be a grown-up on anything you provide the court or the opponnet. If you can't do that be sure to get an attorney.

Even then, you should get an attorney. With this many requests that do not seem designed to elicit a response which will lead to relevant evidence, you may be able to make some motion to stop their obvious strategy of using the court to hurt you rather than settle differences. But, only a person with access to all the facts of the case and experience in the law can make that determination and form the proper argument to the court.

The objections to discovery should be fairly formulaic. When you do provide information you need to answer very specifically so as to not open up more doors. Even then, some things (like tax returns) may be privileged and you should not provide them, but make a privilege log of the document. Since you don't know what things could be privileged and you can waive the protections with inartful answers, you have another good reason to get an attorney to answer.

 

[ProSeDadinMD]

Well, I will be consulting with an attorney early next week. When he asked me who the opposing cousel was, and I told him, he snickered . Seems he's not concerned about him . I am hiring him mostly to handle the in-court aspect of my case.

I've pretty much typed up my response to the request for Documents. I seem to have 3 recurring themes:
1.Attached find a copy of a current paystub, as well as tax returns for the years 2004, 2005, and 2006, pursuant to §12-203 of The Child Support Guidelines of Maryland Law, showing all income.(this one was used 22 times)
2.Objection, as the requested information is irrelevant and burdensome to the case at hand, pursuant to §12-203 of The Child Support Guidelines of Maryland Law.(19 times)
and
3.Objection, as the requested information is irrelevant and burdensome to the case at hand.(this, or some variation thereof was used 16 times)

However, I will be letting my attorney review this, as well as my Discovery request, before I do anything with it. I'm only half a fool...