Q. My husband has been representing himself in our divorce for a number of months. He had a lawyer to start with however fired him when he misplaced custody throughout our first movement listening to. My husband has a foul mood and he handled his lawyer the identical means he treats me.
He simply employed a brand new lawyer who despatched out a bunch of recent discovery requests simply days earlier than the deadline. Many of the issues he’s asking for had been already produced to the primary lawyer after I needed to do my self-disclosure and reply interrogatories. I don’t perceive why they get to do that once more making me spend extra on authorized charges. Do I’ve to reply the identical issues once more?
A. No, you don’t must re-produce belongings you already despatched to your husband’s first lawyer. By definition these objects at the moment are in your husband’s custody and also you don’t must duplicate efforts or incur a second spherical of authorized charges to take action. The issue is, it feels like a few of the requests are new and as to these, you will want to offer the requested info if it exists. Additionally, in case your discovery was produced months in the past, he’s entitled to supplementation which means you will want to provide information that you just obtained over the previous few months out of your monetary establishments which didn’t exist on the time you final produced information. Likewise, you might be entitled to ask for supplementation both now or nearer to a trial date and he must offered up to date info.
For now, I recommend you object to re-producing what was already produced relatively than submitting a movement to guard you from having to reply once more. It’ll find yourself being the cheaper possibility for you in the long term. Produce up to date information not already produced and reply any new requests. Then ask your lawyer concerning the technique of while you need your husband to complement his discovery.
The interrogatories are a unique matter. He’s solely allowed to ask 30 questions. Your query implies you could have already answered interrogatories. You don’t must reply greater than 30 so depend them up.. If he desires extra solutions he must ask the court docket to permit him to ask extra questions.
E mail inquiries to whickey@brickjones.com
