I have been to case progression for family law and the case was sent for trial the hearing is on the 6th of June to date the other side have not handed over all discover documents the only let me have what they wanted me to see what can I do, can I still look for the outstanding discover documents on the day of the hearing,
Just asking for the outstanding discover documents
1. It is not possible to obtain discovery of documents on the day of the hearing in a Family law case. Essentially, discovery is a pre-hearing process. It is designed to provide you with documents essential to the hearing. If you want documents, you should put down a Motion for Further Discovery if you wish to have documents additional to those you have now. The prelude to doing this is to serve a letter seeking Voluntary Discovery. Give a shortened period of 7 days as you are very near to the hearing date. Issue the MOtion at the same time and make it returnable for a date before the hearing date. This is the way to obtain further discovery in advance of the hearing.
Barrister 17 years experience
I will put down a Motion for Further Discovery but if the other side do not hand them over before the date of the hearing what can i dofor to get them,
2. Essentially, you attend at their office until such time as they provide discovery. Formally write them a letter telling them you will be attending at their office on a particular date for inspection and copying of discovery documentation. Attend there and remain there until such time as you get the necessary discovery.
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