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.
If I have answered all of your questions please press accept and provide positive feedback so I will get credit for assisting you. This is a PAID answering service. If not and you have additional answers please do not hesitate to ask and I will respond as soon as I can. Thank you and I wish you the best in your situation!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).