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I filed a Motion to Quash for the 11:30 a.m. docket.
Ok I think I might have figured out the problem. I don't think I turned in the Praecipe/Notice on yellow paper. Do you think that could have cause the motion to not be placed on the docket?
Thanks for you help. I have another questions relating to a Friday's Motion Hearing. My ex-wife's attorney told me she is filing a motion to be heard on June 21 regarding the discovery I sent. Their responses are due to me by June 19th but since there is a hearing scheduled regarding these discoveries can she hold off on sending me her answers until sometime after the hearing or does she still have to complete the questions that are not in dispute?
I thought you were supposed to answer in the 21 day time period and that you could state your objections to any questions and then take it before a judge. Do you know if that is the correct procedure?
Also, I have requested that the Court deviate from the standard child support guidelines and want the Court to consider my ex's husband's income since she is voluntarily unemployed and has refused to work for 7 years. A judge has already ruled that I couldn't get his income information on the bank statements and tax returns that I subpoenaed - however, that ruling was made prior to me Responding to my ex's original Motion to recalculate child support where I asked for the Court to consider his income. What are the requirements I need to follow in order to prove to a judge that my discovery is necessary.
I sent Interrogatories, Request for Production of Documents and Request for Admissions. Opposing counsel hasn't even told me what their issues are and I haven't yet received a copy of her Motion yet. All she has stated is that she is going to get her Motion put on the docket for June 24, 2013. Isn't she required by law to certify that she has made a good faith effort to resolve the matter between the parties before it goes to Court. I'm assuming that her objection to my discovery is that I asked general questions regarding her husband's income and they are going to claim that I am invading his privacy. I don't know how to get around that when the only way I can prove to a judge that his income needs to be considered. My ex and I have the 3 children together and they spend an equal amount of time with each of us (every other week). My ex doesn't have to work, has no financial obligations because her husband pays all the bills. She lives in a $2,000,000.00 house and has maid service, lawn service, expensive vehicles, etc. while I live in a house that cost $200,000. It amazes me that she would even request that I pay her more child support when there clearly isn't a financial need for the boys while they are with her.
The link you sent me is for West Virginia and I live in Virginia. Can you forward me the link for Virginia that include rules for discovery?
I received a request from opposing counsel today asking me to sign an Agreed Protective Order. I have depositions scheduled for June 21, 2013 and the Order they want me to sign is saying that I will not ask my ex wife any questions about her husband (i.e. nature, character or details of his employment, business endeavors, income from all sources, his assets or his debts and obligations). The reason they want me to sign this is because my ex does not work and has no financial obligations and I have asked the courts to consider her husband's income. Is sending opposing counsel a document asking for a protective order a standard procedure with pending depostions? I have never heard of such a thing and am wondering what they might be trying to hide. I am not in agreement with their terms and am not willing to sign their protective order. What, if any, are the legal ramifications if I do not sign this order?
Sorry, I asked the Court to consider his income in recalculating child support since my ex refuses to work.
Can a person plea the 5th Ammendment of the Constitution in order to not answer questions at depostion? If opposing counsel objects to a question, isn't the person being deposed still required to answer the question honestly?