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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31519
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am the Plaintiff and filed a motion in my local Circuit Court

Resolved Question:

I am the Plaintiff and filed a motion in my local Circuit Court in Virginia on June 7, 2010 to re-open my divorce case from 2002 to change a couple of items from the original decree. There was also a Request for Production of Documents filed at the same time which included three items. I have since gone back and submitted an Amended Request for Production of Documents as well as Interrogatories on June 29.

My question is this: 1) Is the Defendant in contempt by not producing the original Request for Production documents which were due 21-28 days from the date of filing?

The Defendant's attorney is stating that they have until July 19 (my date on the Amended Request to produce the Amended Production and Interrogatories# XXXXX hand everything over #which would include the original Request for Production of Documents.

Opinion please.
Thanks
Submitted: 6 years ago.
Category: Family Law
Expert:  Roger replied 6 years ago.

No. If the case is over, the defendant has no obligation to respond to these requests UNLESS the judge enters an order re-opening the case and then re-opens discovery. Because discovery has closed for this case, you can't make the defendant respond unless the court orders him/her to.

 

The other attorney is right. IF the judge re-opens the case on the 19th, the judge can then order that the interrogatories and requests for production be responded to.

 

Customer: replied 6 years ago.
The case has been re-opened on June 7. Please look at questions and re-answer. Thanks.
Expert:  Roger replied 6 years ago.
I did read it again, and it says you filed a motion to reopen the case on June 7th. I understood that the hearing on this motion to repoen is on July 19th. Is that not correct?
Customer: replied 6 years ago.

No, it is on the docket for July 30 to be heard.

 

The initial filing and the original Request for Production was on June 7 when the case was put on the docket and re-opened. Do they owe me the answers to THIS original Request right now?

 

The July 19 date is when the Amended Request for Production is due.

 

Expert:  Roger replied 6 years ago.

The case is not re-opened UNTIL the judge enters an order re-opening the case. Filing a motion to re-open doesn't do it in and of itself.

 

If the case has been re-opened by court order, the original requests would be due now UNLESS the amended request contains the same questions as the original request plus new items. In this case, the amended requests re-started the time for all of the requests to be responded to.

Customer: replied 6 years ago.

The court did not order it re-opened. I did.

 

My ex-was under a Shared Support Agreement to have the children 90 overnights per year. She has breached this agreement way below the 90 day minimum.

 

There is also an issue about our pensions which needs to be re-done.

 

This case was originally filed in 2001 and finalized in 2002.

 

So, the judge agreed to put it on his docket for July 30.

 

Does this fall under the "re-opened" you are referring to?

Expert:  Roger replied 6 years ago.

You can't order the case to be re-opened - only the judge can.

 

The defendant is not obligated to do anything until the judge enters an order re-opening the case.

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