Discovery request

RideATX · 2023-04-25T21:22:32+00:00

just turn in two years worth of yearly account statements. refuse to provide anything else unless directed to do so by a judge. Manage your lawyer to keep your fees down. I had to tell my lawyer "do not read any correspondence from her or her attorney without my explicit consent in writing. I will not pay for any services I did not specifically agree to." I had to get in between my lawyer and her lawyer and vet everything. If it was garbage I would tell him not to read it and not to respond. she spent 60k+, I spent 10k.

AudreyTooTwo · 2023-04-25T23:04:55+00:00

Wow, does this sound familiar. Sorry you're in the shit, brother.

At this pace we will spend [it all on legal fees]

There could be other reasons, but for my ex-wife, she had an attorney who advertised herself as an aggressive lawyer who was worth the money. The lawyer convinced my ex that "justice" (or "revenge" or whatever word she wanted to hear) was available through litigation, and the cost was necessary. The lawyer also assured my ex that THEY could sue ME for HER legal fees. In the end, that's not what happened. But, at the time, my ex drank every bit of the Kool Aid. She did exactly what she was told.

All you can do is offer to settle, compromise and negotiate. Convince her that litigation is terribly expensive and wasteful. But, like my ex, she'll likely refuse ("Oh, you would just LOVE that, wouldn't you?").

As for Discovery.... I like to remind men that it's perfectly acceptable to object to Discovery. It happens all the time. Of all the possible objections, you hit two of them on the head: 1) Irrelevant and 2) overly-burdensome. There's nothing wrong with refusing to answer certain Discovery demands due to an objection. As I see it, the other side will ask for ANYTHING and EVERYTHING. They can ASK -- but if you object, they can either back-off, or, have a hearing to argue in front of the judge. Hopefully, they'll back-off if the objection is solid.

Reminder: you can't object simply because you don't like the question. The objection must be clearly explained. Don't just copy/paste because the judge will see right thru it. Be specific.

Examples:

Plaintiff objects to this interrogatory as vague, ambiguous, argumentative, overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence.
Plaintiff objects to this interrogatory because this interrogatory is so broad, uncertain, and unintelligible that the plaintiff cannot determine the nature of the information sought. Therefore, the plaintiff cannot provide an answer.

You can Google the whole list of objections.

Lastly, another tip. In many states, there is a limit to how many questions can be asked in Discovery. Again, the other side will ask ANYTHING and EVERYTHING; it's up to you to know the limit. For me, in my state, the limit was something like 20. But the opposing attorney asked eight questions, but some questions had multiple parts. I answered the first 20 parts and refused to answer the rest, citing the state law. She didn't challenge it.

Do 30 minutes of research on objections and limitations. I bet you'll be enlightened.

Good luck.

LongWalksAtSunrise · 2023-04-26T00:24:54+00:00

It’s up to her to prove your expenditure were wasteful dispensation. Just let her subpoena your stuff. You can’t recall it has been so long ago. Go ahead and call the vendor. Don’t freak out.

Ptsdveterannavy · 2023-04-26T01:12:30+00:00

Go for blood, you will not regret it. Custody and Child Support is worth the fight. I fought 3 long yrs and went for blood and dammit blood was spilled but i got my results along with a hefty legal expense. Go for broke, fight for you and your kids.

Title	Discovery request
Author	New_Classroom_1840
Upvotes	6
Comments	9
Date	April 25, 2023 6:50 PM UTC (3 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/12ys9r1/discovery_request/
Archive Link	https://theredarchive.com/r/Divorce_Men/discovery-request.1216810 https://theredarchive.com/post/1216810

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