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Marc
Marc, Attorney at Law
Category: Family Law
Satisfied Customers: 203
Experience:  Experienced Attorney
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I need help filling out" REQUEST FOR PRODUCTION OF

Customer Question

I need help filling out " REQUEST FOR PRODUCTION OF DOCUMENTS " for my divorce case. My soon to be ex wife had served me with the divorce papers & request for production of documents, now I'd like to request the documents from her as soon as possible. Also, I am looking for an attorney that can help me finish this divorce case! She left me when I caught her having an affair. We were married for 8 years in California & have 2 daughters. She is now after my S corporation that doesn't list her name anywhere & no sort of paycheck was given to her from the corporation.
Submitted: 4 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 4 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. Experts unfortunately cannot represent customers, but I can help you with the Request for Production.

What are your questions about the form? Is this the form you're using? (click link)

Customer: replied 4 months ago.
Do you know which one is the correct form?
i understand that you cannot represent me. i just want to be able to ask you to break it down for me in general terms what that line is asking & i give the example.
Expert:  Lucy, Esq. replied 4 months ago.

That's one of the forms that comes up when you search the court's website for Request for Production of Documents. It's designed for use in Santa Clara County, but you could write in any county. The courts also have this form, which has a little more information, but also has instructions.

http://saclaw.org/wp-content/uploads/sbs-discovery-request-for-production-of-documents-or-things.pdf

Expert:  Lucy, Esq. replied 4 months ago.

I'm sorry, I didn't notice the time when you replied. I have to sign off for a couple of hours for an appointment. I'm going to put your question back into the queue so you don't have to wait. There's no need to reply, as that can cause delays. Good luck with this,

Expert:  Marc replied 4 months ago.

Hello. My name is ***** ***** I will try to follow up with Lucy's answers above. The link she provided is a comprehensive guide to the discovery process and should serve as a good reference to you as you respond to your wife's demands as well as when you draft your own demands.

As for you demands to your wife, I would also suggest that you include demands for evidence (i.e., documents and things) to support any claims you might have regarding her infidelity and any defenses you might have against any claims she asserts on your corp. Is the affair she had a disputed fact? Or does she admit to it? If you need proof, consider demanding, for example, any/all correspondence between her and whoever she was having the affair with. This necessarily includes emails and text messages. You can also demand phone records.

As for claims against your corp, consider demands for any/all checks, statements, corp documents, tax records, etc... Based upon what you've stated, such records will contain no evidence of any connection between her and the corp.

I hope this info is useful to you and helps you to better able understand your issues and options. Please let us know if you have any further questions. I'm sorry you're going through this, and I can imagine how distraught you must feel. Good luck.

Marc

Customer: replied 4 months ago.
Marc, thank you for your answer. What are the proper forms for the California Superior Court in Los Angeles?In regards ***** ***** affair (infidelity), I confronted her & the gentleman & both agree. How can I demand more evidence & proof from her legally?There are no documented records of her being signed anywhere on the corporation, no paychecks. We only had a joint personal account.
Expert:  Marc replied 4 months ago.

Good morning. Ok – first I’ll discuss the procedural matters you need to know. There is no standardized form for responding to or making requests for production. Instead, you can simply draft your own requests on pleading paper. I’ve attached a template for you. All you need to do is fill in the applicable info in the grey spaces – name, address, parties, etc. Among other things, you will enter “Los Angeles” in the County field.

The form provides two choices for how you want the documents/things produced: either originals delivered to you/your attorney in person, or true copies sent to you by mail. Obviously, the latter is easier, since you don’t have to go anywhere and you don’t have to pay for copying. But, while this is convenient for documents, if you’re demanding “things”, such as voicemail messages, cell phones, video, etc., you may wish to have them brought in person. You/your attorney would then have an opportunity to inspect them and copy them, but you would not be able to keep the originals. Whichever option you choose – I suggest deleting the other option from the form, just to avoid confusion. Finally, I would suggest setting a deadline of 45 days.

Now, keeping in mind the issues and items we discussed previously, keep an open mind when listing the things you want produced. Don’t be afraid that you’re going too far. If your wife/her attorney thinks what you’re asking for is inappropriate, then she must object (which is common). So, when you receive her response, it will include (hopefully) responses to your requests stated something like this: “In response to request #1, Demand for Cell Phone Records, see Exhibit “A”, attached hereto.” But there will likely also be responses stating something like this: “In response to request #2, Demand for Facebook ID and Password, Respondent objects to this demand on the grounds that it is palpably improper, irrelevant and not designed to lead to the discovery of admissible evidence.” So again – the point is, demand anything and everything that could be conceivably useful for you.

Finally, still on the subject of procedure, you have to serve your demands properly. Attached is a Proof of Service form with instructions. Your demands can be served by mail, but, as you will see on the form, it must be done by a non-party – not you.

It’s good that your wife and her paramour readily admit to the affair. As far as getting a tangible record of what they told you, you could serve a Notice to Admit. That is similar to a demand for documents, except instead of asking for documents/things, you simply ask questions for the other party to either admit or deny. I’m not sure this advisable at this stage, however. Hopefully she will admit it formally in the course of the proceedings, such as in court or a deposition. If not, she will, apparently, be perjuring herself. Consider whether she is a risk-taker. Perjury is a big deal. Based on what you know about her, would she risk the consequences by lying about this point? Even if so, you may well be able to prove the affair with the other docs/things you obtain.

As for your corporation, without knowing much more detail about your marriage and your corporation, I cannot give precise information as to this issue. Even though she may have had nothing to do with the corporation, your interest in it could nevertheless constitute community property under CA family law. It depends on a variety of factors, including when you formed the corporation. For this issue, and in general, you may wish to retain a local divorce attorney who can protect your interests.

Good luck as you struggle through this tough time. Again – consider an attorney who can navigate you through this process and advocate aggressively on your behalf.

In the interim, please remember to rate my answer if you are satisfied.

Best regards,

Marc

Customer: replied 4 months ago.
Marc, I have the copy of her request for production of documents. Will you be able to copy the same production of documents and request more if we work together?
Customer: replied 4 months ago.
Her admittance of the affair was stated by her in a previous court case. It is recorded in the minutes
Expert:  Marc replied 4 months ago.
I'm afraid we cannot work together as attorney-client because the service provided through this site is merely informational. I warmly recommend retaining a local attorney. By being as proactive and willing to do much of the work yourself, I'm sure you can limit legal expenses significantly.So she has given sworn testimony in another case about the affair? Well, you can cross that off your to-do list. That's all the proof you need. Even though it's from another case, it's still sworn testimony that you can use in your case. But you might still want to make document production demands related to the affair. You're still entitled to it and you never know what you might discover.Try to respond to her request on time. If you need more time, her attorney will grant it. You should have an attorney review her request so you can make any necessary objections. Remember - it's common for litigants to demand everything including the kitchen sink (and you should demand likewise). But if a particular demand is too broad in scope (e.g., all bank records from the past 20 years) or seeks irrelevant info (e.g., a list of all movies you've seen last year) or otherwise improper, you can and should object and refuse to answer that particular request. If the other attorney really wants the info, he would then have to tell a judge why.Remember - the discovery process is ongoing. So after you make your first doc request, you can make supplemental requests later if necessary.Since you have her request, take a look at the language and format. You might consider borrowing from it. But don't be afraid to use your own language too - and you don't need to use legalese. Her lawyer might be lazy and might have just copy/pasted her requests from another case.Good luck to you sir. And have a nice weekend.Marc
Customer: replied 4 months ago.
thank you so much for your information! can you provide me with some sort of template that i can send her way? i want all her information because i have a good feeling this woman has assets under her name for her parents sake
Expert:  Marc replied 4 months ago.

Attached are two standard forms for making a document request and interrogatories. Another effective tool is "special interrogatories". Attached is a template for that and a document containing instructions and guidelines for this type of discovery tool. These should be adroitly drafted. In order to hone in on the pertinent evidence you seek AND ensure that you don't miss anything, you should review your case with a local family lawyer.

Meanwhile, if I have been of some assistance, please remember to rate my answer.

All the best,

Marc

Customer: replied 3 months ago.
Hello Marc, what is a legal term we can use to object? a legal valid reason towards a request. I am responding to her request that is due on Monday and some of these stuff are too broad like 8 years of documents and papers that don't exist or are not kept on record. What is a proper way of objecting?
Expert:  Marc replied 3 months ago.

Hello again. Here is a good example of an objection that is applicable in a situation such as what you describe - where the request is too broad in scope. Don't be afraid to modify the language if necessary. Also keep in mind - no one ever won a Pulitzer Prize for discovery requests, objections, etc. (though I've seen some interesting ones). Keep it simple without worrying too much about style.

Please take a moment to accept/rate my answer at this point. I will be pleased to answer further questions subject to a nominal additional fee, which I will present to you momentarily.

“Objection. This discovery request is so broad and unlimited as to time and scope as to be an unwarranted annoyance, embarrassment, and is oppressive. To comply with the request would be an undue burden and expense on the plaintiff. The request is calculated to annoy and harass plaintiff. (See Code of Civ. Proc., § 2030.090 subd. (b); and Columbia Broadcasting System, Inc. v. Superior Court of Los Angeles County (1968) 263 Cal.App.2d 12, 19 [69 Cal.Rptr. 348, 352].)”

Customer: replied 3 months ago.
what do you think of my request for a meet and greet? I read that requesting a meet and greet is an option in a divorce case to minimize the torturous aspects.

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