Ask Me Help Desk - Notice of discovery

Notice of discovery

I received a notice of discovery by certified mail by my ex husband just a bunch of redicuolus questions asking for a lot of info about my income including the income of the guy I live with.This is not a suppeona and not signed by a judge do I have to answer this?

Sandy a notice of discovery is a legal way of asking for information. It does not need to be signed by a judge. It is a way for the other party to get information that you may other wise not be releasing to him by just being asked. The court looks unfavorable upon one who will not comply with it and if you don't comply don't expect to be able to use any of the information requested in discovery later on to support your side. Because you want be able to enter it in as evidence or proof. The discovery process is for a reason. I am not an attorney. You may want to seek one for legal advise.

Some sort of court action is pending involving the two of you? Are you representing yourself?

If so, probably. In most places discovery rules are pretty broad.

The short answer is yes if there is an ongoing court action. You may also be asked for documentation and there is a time limit to answering. See the document for the time limit and where to send the documents to.

Quote:

Originally Posted by AK lawyer

Some sort of court action is pending involving the two of you? Are you representing yourself?

If so, probably. In most places discovery rules are pretty broad.

Yes this is a family cy support issue he pays however back n feb he did not show all of his income when a "consent"order of support was made I found out and am taking him back to prove he was working and lied at the time.Now its all turned around on me!He sends me a piece of paper typed by him w/a bunch of questions on it asking for info above what the judge already asked me to provide to him and the court by a certain date.This was not a suppeona n not signed by a judge and its legal to ask for all of this?

Quote:

Originally Posted by AK lawyer

Some sort of court action is pending involving the two of you? Are you representing yourself?

If so, probably. In most places discovery rules are pretty broad.

Yes I'm trying to do this w/o an attorny this time.however I just don't get that he can just write Discovery on top of a paper w/o any special format and that's legal?Then I can do the same asking for his wife's income?

What state are you in? I ask because some states factor in your income as well as his when calculating support. There are also some states that not only factor in the cp's income but their "new" spouces as well because it is a form of income for the cp.

Quote:

Originally Posted by sandy010

... He sends me a piece of paper typed by him w/a bunch of questions on it asking for info above what the judge already asked me to provide to him and the court by a certain date.This was not a suppeona n not signed by a judge and its legal to ask for all of this?

Yes. Discovery is generally done without a court order. Only if the party who has been requested to provide the information fails to do so or objects, is it necessary to ask the judge for an order to compel answers. Check the civil rules in your jurisdiction for the specific rules regarding permissible scope of discovery and so forth. Also check any applicable order in the case regarding timing of discovery.

Quote:

Originally Posted by sandy010

yes im trying to do this w/o an attorny this time.however i just dont get that he can just write Discovery on top of a paper w/o any special format and thats legal?Then i can do the same asking for his wifes income?

Sure you can do the same.

You might object to his request for your partner's income, and, should you likewise request his wife's income, he can object to your request for his wife's income. You would claim that it's not relevant and not likely to lead to relevant evidence. I don't know whether your judge would uphold such an objection, however. I suspect that it is sufficiently pertinent to getting a complete picture of your respective financial pictures, and that the discovery would be ordered. That doesn't mean, however, that those incomes would be counted.