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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26339
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I had my divorce trial last week in Nevada. Motion for discovery

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I had my divorce trial last week in Nevada. Motion for discovery from husband denied so nothing from him at trial. 20 year marriage, I supported myself as a realtor entire marriage. He worked making 5 times my income and spent entire paycheck each month. I bought both homes, we refied twice to pay off his credit cards. Both times he got them back to 30K. I will lose health insurance and will now pay 500 a month. I have serious on going health issues. I was awarded $1,000 in support and $1,000 in personal property division worth over 70K. He cheated last 2 years and spent a lot of money on her but cannot prove since no discovery. He offered a legal separation, I agreed, he stopped. I offered to settle twice, he would not consider, so off to trial. Very unfair outcome. My attorney suggested a petition. Would that be better than a mistrial? We need a new judge and I want to address all husbands lies. Please help, I am 60 years old, he is 46.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question, but I certainly am sorry for your predicament.

A petition for rehearing would likely be the best option instead of seeking a mistrial. Also, a mistrial is usually a result of some procedural problem that made the lawsuit or proceeding defective or void in some way.

If you want a new judge, the best way to try that is to just file an entirely new divorce petition a s hope the case is assigned to another judge. Otherwise, you would have to file a motion for the judge to recuse himself/herself, but you would need a legitimate reason to remove the judge - like some provable bias.
Customer: replied 1 year ago.

Would denying any discovery from husband be a procedural issue? My biggest concern is a new judge. Would I get the same judge in a petition, can a new one be requested. Would filing a new divorce petition be just as expensive as the last one, asking for discovery, back to trial (I do not live in Nevada now) all the legal work would have to redone, yes? Thanks, XXXXX XXXXX hear from you. I would like to address all the lies my husband told since we only had his testimony.

Expert:  Roger replied 1 year ago.
Denying any discovery at all would certainly be a procedural problem, but if it wasn't addressed at the time of denial or before proceeding to trial, then you've probably waived the right to appeal or claim an issue with that now that the case is over. Thus, it would be tough to raise that issue now.

IF you filed a petition for re-hearing, you would likely get the same judge because you're not opening a new case - - instead, you're just continuing the case that has already been filed.

If you re-filed the case again, it should not be as expensive because you already have the pleadings and most of the paperwork; but there would be the expense of filing fees and you would have to pay your attorney for his/her time, but it should be less costly because the documents are on the computer and could just be updated.



Customer: replied 1 year ago.

We filed a motion to compel discovery and a motion to hold defendant in contempt of court order. I believe these were denied. What could have been done after that? The same motion again??? Trial was 2 weeks away. With a petition, could I be present, or am I relying on my attorney to make my case without testimony from me? Or am I allowed to attend the petition, is it in front of the judge, or does he just read it and make decision. That scares me.


I know you cannot respond to this, but it seemed very "fishy" between other counsel and judge. Nevada is famous for being corrupt. My attorney agreed, but what can be done, nothing I know.

Expert:  Roger replied 1 year ago.
If the motions were denied, you could have filed an interlocutory appeal to have the appellate court review the decision. The appeal would have postponed the trial. You're right that a denial of discovery is very unusual.

If your attorney filed a petition for rehearing, it could be argued without you present. No testimony would be required.

As far as what to do now about the discovery issue, there's probably not a lot that can be done. However, you could appeal the decision or file a petition for rehearing.

At this juncture, a petition for rehearing is probably the best course of action.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26339
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX very helpful. Keep good thoughts for me, I truly deserve a fair outcome. Be well!!

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