Discovery question

[Bloodoak]

Tennessee

How can I avoid discovery? Is there any law that lets me submit evidence not submitted in discovery? I am not trying to be dishonest, but I have evidence of my spouse lying to me and both of the attorneys about the money she makes. I want to use this information after officially lies, under penalty of perjury.

 

[PayrollHRGuy]

Did you ask your lawyer this question?

If and when you do I'd be willing to bet that he tells you that perjury charges are so rare in family court that it isn't worth the trouble.

 

[Zigner]

Tennessee

How can I avoid discovery? Is there any law that lets me submit evidence not submitted in discovery? I am not trying to be dishonest, but I have evidence of my spouse lying to me and both of the attorneys about the money she makes. I want to use this information after officially lies, under penalty of perjury.

You must properly respond to a proper discovery request.
If you have evidence that you feel would be useful, please make sure to share it with your attorney.

 

[Bloodoak]

I have not yet. I just want to know if such things exist. I worry more about the courts seeing she is dishonest than prosecution. We have 4 small children that custody still looms.

 

[Bloodoak]

You must properly respond to a proper discovery request.
If you have evidence that you feel would be useful, please make sure to share it with your attorney.

I am aware of the discovery process, but that did not answer my question.

 

[PayrollHRGuy]

I am aware of the discovery process, but that did not answer my question.

Clearly you aren't.

To answer your question there isn't a law that allows you to withhold discovery in order to show your wife lies.

 

[Bloodoak]

Clearly you aren't.

To answer your question there isn't a law that allows you to withhold discovery in order to show your wife lies.

I am aware of the process, but I was in Hope's of some workaround. I guess i watch too many court dramas....lol. Thanks for answering in a clear manner.

 

[Zigner]

I am aware of the discovery process, but that did not answer my question.

I answered your question in a very concise way. You are welcome.

 

[zddoodah]

Let me start this post by pointing out that there is a rather significant difference between discovery and disclosure. Discovery is a process whereby parties to litigation ask each other to provide information, documents and admissions. Disclosure refers to parties' obligation to provide certain information and documents without the need for discovery. See Tenn. Rules of Civil Procedure, Rule 26.

How can I avoid discovery?

You can't, unless your adverse party fails to serve any.

Is there any law that lets me submit evidence not submitted in discovery?

That depends. If your adverse party asks for X and you have X and fail to disclose or produce it without any valid reason, then the court would have discretion to exclude X from evidence at trial or refuse to consider it in connection with a dispositive motion. But facts matter greatly, so it's difficult to address this in the abstract.

I have evidence of my spouse lying to me and both of the attorneys about the money she makes. I want to use this information after officially lies, under penalty of perjury.

The laws are not set up to encourage Perry Mason-style "gotcha" moments.

It's also worth pointing out that the overwhelming majority of divorce cases never see the inside of a courtroom, much less a trial.

Do yourself a favor and hire an attorney.

 

[Bloodoak]

Let me start this post by pointing out that there is a rather significant difference between discovery and disclosure. Discovery is a process whereby parties to litigation ask each other to provide information, documents and admissions. Disclosure refers to parties' obligation to provide certain information and documents without the need for discovery. See Tenn. Rules of Civil Procedure, Rule 26.




You can't, unless your adverse party fails to serve any.




That depends. If your adverse party asks for X and you have X and fail to disclose or produce it without any valid reason, then the court would have discretion to exclude X from evidence at trial or refuse to consider it in connection with a dispositive motion. But facts matter greatly, so it's difficult to address this in the abstract.




The laws are not set up to encourage Perry Mason-style "gotcha" moments.

It's also worth pointing out that the overwhelming majority of divorce cases never see the inside of a courtroom, much less a trial.

Do yourself a favor and hire an attorney.

I have an attorney. I am just trying to get other opinions.

 

[Just Blue]

I have an attorney. I am just trying to get other opinions.

Any and all question should be asked of your attorney...not strangers on the internet who do not have all the facts of the case.

 

[stealth2]

Also.... what does the amount of money she does or does not make have to do with the "best interests" of the children?

 

[PayrollHRGuy]

Also.... what does the amount of money she does or does not make have to do with the "best interests" of the children?

Many states seem to think it does. Hence the setting of child support based on the income of both parents.

 

[stealth2]

Many states seem to think it does. Hence the setting of child support based on the income of both parents.

And little to do with custody. Which seems to be what OP thinks he will "get" Mom with.

 

[Bloodoak]

Any and all question should be asked of your attorney...not strangers on the internet who do not have all the facts of the case.

I am looking for more information. That's all. It's like my googling medical symptoms before going to the doctor.