I live in frederick county Virginia. I am a 30 year old male, who has full legal and physical custody of my 4 and 2 year olds. I have filed 3 show cause motions against the mother of my children for violating our custody court order ordering "right of first refusal for childcare needs." I also filed show cause motions for her not seeking substance abuse counseling like the court order states. Today I filed a motion to the court for "discovery" If it is granted, I want to send papers to my children's mother requesting the names, addresses, phone numbers or all her current substance abuse counselors, therapists, drs prescribing her meds. How do I serve her requesting this information, do I just type a letter demanding it? Also, once discovery is granted, what can I file to her medical providers to find out about her appointments, what they general synopsis of her is and current health condition? Subpoena ducas tecum? Please advice on steps, and process to take in order. The matter is set for trial August 9th.
State/Country relating to question: Virginia
I went to pre-trial today, told the judge I will have 2 witnesses for the motions to show cause for violating our current court order of right of first refusal for childcare needs, and I filed for discovery. I am waiting on my discovery motion to be approved.
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today.For records, you can do a Request for Production of Documents. Here are a couple of examples:http://www.flachslaw.com/lawyer-attorney-1656012.htmlhttp://www.northwestregisteredagent.com/request-for-production.htmlIf you're just looking for names and addresses, then you would send Interrogatories (you're also allowed to send both).http://www.flachslaw.com/lawyer-attorney-1656011.htmlhttp://www.smartrules.com/states/Virginia/Fairfax-Circuit/Interrogatories-1121-84-717.htmlhttp://www.ehow.com/info_8585941_standard-interrogatories-virginia-family-law.html
Do I have to get the request for " for Production of Documents" approved by the court before I can issue or does my Motion for Discovery authorize this?Also, do i submit the interoggatories to the court prior to serving the defendant to get approved, then having them served to the defendent?Does the request for documents and interoggatories only go to the defendant, or to the medical providers of the defendant that I want the information from?
Those are both types of discovery, so if the judge allows "discovery," it would be allowed. It's only not allowed if your motion specified what type of discovery you were looking for. There is no need to submit interrogatories to the court before serving them on the other party. A request for documents or interrogatories go to the other party. If you know who a health provider is, and you want records, then you get a subpoena from the clerk of the court and serve that on the provider. A non-party doesn't have to respond to a regular discovery request, so you need the subpoena.
Attorney with experience in family law.
IS there anyway I can upload, send or email a word doc, or pdf for you to review what I have written?
I'm sorry, but we're not able to review and comment on documents for you. If you have a specific question on something, I'm happy to answer it - but I should note that I'm out of town and may not be able to respond until Monday.
Thank you for the info ,
I received a letter that the "respondent" of case, has retained a lawyer to represent her. I got permission for discovery from the courts, and served that letter , and had my petitioners first draft of interrogatories served to the respondent by a civil server. Now that the respondent has retained council, when do I file subpoena ducas decums for production of documents to the respondents health care professionals and do I have to send copies of everything to her attorneys office, as well as the respondent herself ? Also, what do I do if she does not respond with the requesting interrogatories withing the 21 days the court allows and I requested in my interrogatories?
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