Procedural question

[truthandhonor]

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

I have a question on proper procedure, and tactical maneuvors.

I filed in court with a "petition for declaratory relief" to ask the court if I can come before the court with my subsequent petitions to remove the trustees and modify the trust to further accomplish the intentions of the trustor. I am also in process of replacing my lead counsel (litigator who knew nothing about trusts). My attorney who is an estate planner who drafted the papers for the court says the opposition has every right to depose me and demand my documents even before we get to the hearing for declaratory relief to "assist them with preparing their response to the court." i

It seems to me, it isunfair. Maybe even counter-productive to me case. I thought that a respondant has to file a response to the court, and then we have to file a rebuttal, and then we go to the hearing, and then, if my initial petition is granted, we do discovery, depos, and demands for documents.

Is it appropriate/legal/right for them to demand my papers and depose me before we even get into the ring? Maybe I am over caustious but I;ve been burned by the previous lawyer. Thank you for the help.

 

[divgradcurl]

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

I have a question on proper procedure, and tactical maneuvors.

I filed in court with a "petition for declaratory relief" to ask the court if I can come before the court with my subsequent petitions to remove the trustees and modify the trust to further accomplish the intentions of the trustor. I am also in process of replacing my lead counsel (litigator who knew nothing about trusts). My attorney who is an estate planner who drafted the papers for the court says the opposition has every right to depose me and demand my documents even before we get to the hearing for declaratory relief to "assist them with preparing their response to the court." i

It seems to me, it isunfair. Maybe even counter-productive to me case. I thought that a respondant has to file a response to the court, and then we have to file a rebuttal, and then we go to the hearing, and then, if my initial petition is granted, we do discovery, depos, and demands for documents.

Is it appropriate/legal/right for them to demand my papers and depose me before we even get into the ring? Maybe I am over caustious but I;ve been burned by the previous lawyer. Thank you for the help.

If your lawyer (who has access to far more information about your case than anyone on this board) says "yes," then the answer is probably "yes." If you don't trust your lawyer, talk to another one -- you need to be able to trust your lawyer.

But generally if the other side needs discovery to prepare their case, the court will allow them to take discovery. The courts do not like "gotcha's!" They prefer both sides have access to the necessary facts so that each side can present their case, and the court can come to the right conclusions.

 

[tranquility]

If there was a no-contest clause in the trusts, did you file the petition under California probate code section 21320? If not, get a malpractice attorney.

 

[truthandhonor]

If your lawyer (who has access to far more information about your case than anyone on this board) says "yes," then the answer is probably "yes." If you don't trust your lawyer, talk to another one -- you need to be able to trust your lawyer.

But generally if the other side needs discovery to prepare their case, the court will allow them to take discovery. The courts do not like "gotcha's!" They prefer both sides have access to the necessary facts so that each side can present their case, and the court can come to the right conclusions.

Thank you! I did not know the courts do not like "gotcha's." I feel frightened by giving over my evidence and speaking under oath because I am afraid they will use everything against me, and trip up my petition for declaratory relief. It's a scary process if one's never been through it and I appreciate the feedback.

 

[truthandhonor]

"_tranquility If there was a no-contest clause in the trusts, did you file the petition under California probate code section 21320? If not, get a malpractice attorney._________________"

Thank you, Tranquilty. YES, indeed I did file under the above code!

I am relativly new to forums and I do not know if ithe rule is that we ought to create a seperate thread if a new question comes up. I will start the thread for a new question because someone else may be looking for the same answer. If I am wrong in doing so, please let me know.

 

[tranquility]

Keep it in one thread. Few will remember your facts and fewer will want to go from thread to thread to gain an understanding.