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I would like to request discovery of plaintiffs bank and credit…

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I would like to request...
I would like to request discovery of plaintiffs bank and credit card statements and all income statements from past 6 months preceding a child support hearing. I understand a special order must be granted by the court. Is there a way to request these documents other than the discovery process?
Submitted: 8 years ago.Category: Family Law
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9/1/2010
Family Lawyer: JD 1992, Lawyer replied 8 years ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified
No, it all has to be done through one form of discovery or another. You can subpoena them directly from the bank or ask the plaintiff to provide them to you but they must be relevant to the cause you are involved in.




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Customer reply replied 8 years ago
Do I need to adress this with the court as the guidelines state :

Rule 1910.9. Discovery.

(a) Except as provided in Rule 1910.11(j) and Rule 1910.12(c), there shall be no discovery in an action for support unless authorized by special order of court.

or Do I simply file the request and send opposing counsel a copy of the request?
Family Lawyer: JD 1992, Lawyer replied 8 years ago
If you don't address it with the court then they'll object and you have to have a hearing anyway. Go ahead and file a motion.




Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



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Customer reply replied 8 years ago
so i would file a motion to compel discovery which would include a notice, declaration of facts and memorandum of points and authorities, file with the court and serve to the plaintiff. I would then have to wait for a motion hearing? or could I notify the plaintiff/counsel I will be attending motion court on such and such date and time and have the motion heard and ordered at that time?
Family Lawyer: JD 1992, Lawyer replied 8 years ago
No, not a Motion to Compel, that is used when they have refused to respond. File a Motion for Discovery and set out exactly what kind of discovery you want and why. Attach an order approving the motion. Also file a Request for a Hearing and in the cover letter ask that if the court finds it necessary for a hearing on the matter to set it. Send the other side a copy of everything.




Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified
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