Family Law Questions? Ask a Family Lawyer Online.
Hello there -
You are correct that a discovery request cannot go forward until the court actually rules on whether or not the default should be granted in this case. If that has not occurred, then you should contact the clerk's office at the family court and inquire as to what the status is regarding your request for default against the plaintiff in the case. They should be able to tell you whether or not the judge granted or denied the default or if the judge wants to have a hearing on the motion to default the plaintiff. Please keep in mind that in a divorce case if a default judgment is filed, it is very easy for the other side to remove that default if they either file an answer and a reason why they were late with the filing OR they file a request with the court to remove the default and continue on with the case. SO, if you have not received a decision in the mail and a hearing has not been scheduled, then your answers here will be with the clerk;s office and in the case file and you can find out what the status is on the default and go from there (the clerk;s office should tell you what your next move is -- they will not help you with filing anything but they should be able to tell you whether or not you must file a motion for further action (a hearing) or if the judge denied your request for default, then that means that the case continues on and both sides have a right to discovery).
Please let me know if you have further questions.
Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am not paid anything unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will not cost you any additional money -- it simpy acts as a trigger to Just Answer to pay me for my time. THANK YOU