Family Law Questions? Ask a Family Lawyer Online.
I a self representing to modify child support/visitation with good cause and to take parent back for repeated interference with child that has been going on for 4 years. Civil pretrial order has been issued with court date. There is a box in the 3 page form left unchecked that authorizes parties to do Discovery.
Does this mean I cannot start Discovery without approval from judge and do I then need to motion the court to allow Discovery?
I thought anyone can start Discovery with the other party to request information.
Hello! I would be glad to assist you with your situation. Discovery is a process that is done between the parties and NOT through the courts. Generally the only time that the courts even get involved in a discovery dispute is when there is a disagreement over documents or information and the parties cannot reach a resolution. If you would like to serve discovery requests on the opposing party you may do so at any time. However, you will want to make sure that you do so with enough time to get the information you requested before the hearing date. Generally responses to discovery are due within 30 days of receipt.
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